Legal Question in Family Law in Illinois
My husband and I are seperating. The vehicle I drive is in his name only. I used for work and to transport our 16 yr old around. He says he is going to sell it since I want the seperation. I cannot get finanicing right now. I am in chapter 13. I make all the payments out of my pay check for this vehicle. He has a truck of his own.. What are my rights?
2 Answers from Attorneys
The vehicle is marital property and you have as much right to it as he does. Hopefully, you will hire a lawyer in your locale and prevent him from taking the car away from you. Get a referral from your bankruptcy attorney.
It is not marital property until you file your dissolution case. Until that time he can sell it. Once you file you need to obtain an order restraining him from selling anything.. But before you hire an atty for the dissolution, talk to your bk atty
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