Legal Question in Family Law in Illinois
marital property
my wife bought a new car for us with a money settlement for pain and suffering from an accident that happened before we were married,she got the car while we were married and put my name on the title,do I have a right to half of the car?
1 Answer from Attorneys
Re: marital property
It depends. The proceeds of settlement were non-marital property. The purchase of the car was an exchange of non-marital property for non-marital property. However, when she put your name on the title, she created an issue as to whether the car was gifted to the marriage. Even if it was a gift, she would be equitably entitled to receive back her contribution of non-marital property which hardly puts you in a better spot than if she had not gifted it. You should not fairly expect that half the car is yours.
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