Legal Question in Family Law in Illinois
I am the primary and my wife is the cosign on both of my auto loans, but she is not on either title or registration. We are filing for divorce this week.
- Does she have rights to the vehicle based on her status as a cosign?
-Would it be legal for a judge to grant her the vehicle due to equitable distribution?
Taking both vehicles would leave her without one at all, which I do sincerely feel bad for, but she does not make enough money to pay for either of them. I have researched this extensively online but found no less than an infinite spectrum of answers.
2 Answers from Attorneys
Title is irrelevant in a divorce if the car was purchased during the marriage (unless you can rebut the presumption that the property is marital). The court can award her the car. You can be ordered to pay for one.
Jonathan is exactly correct.
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