Legal Question in Family Law in Illinois
my mom and my dad are in the process of getting a divorce. my dad has the cars under his name. both cars are involved in the divorce. one of the cars is a nissan and the nissan i drive it every where. i pay for the repairs and i pay for the gas in the car. my dad gave me the nissan as a gift for my b-day but i have it under his name because i couldnt pay the insurance at that time, but my dad gave me the tile to the car but he hasnt signed it yet. i am planning to move out of my house because this divorce is too much for me to handle and i dont want to get involved. i am planning to move out in the summer i just told my mom i was planning to move out and she told me i couldnt take the car. the car is my transportation to school and to my job. i wont be able to move out with out my car. i was gong to put it under my name but i cant at the moment because it is involved in the divorce. my question is there any way to move out and still be able to have my car?
1 Answer from Attorneys
It isn't your car. Only if your Mom AND your Dad agree to transfer title would it become your car. If they do not agree, if you over 18, you could talk to the attys for each parent and see if they will agree to enter a court order allowing the car to be transferred to you. If they will not, then you can hire an atty to go into the divorce court and ask to intervene to see title of the car.