Legal Question in Insurance Law in Illinois

I live in Illinois. We have two vehicles in my husband's name, which were bought during the marriage. Since I cannot drive, I have asked a relative to drive me and my kids to a relative's b-day party. My husband has not given permission to use one of the vehicles. Can I invoke my half of the marital property and give permission for someone else to drive this vehicle without repercussions. They are insured. He is vindictive enough to call and say it was "stolen."


Asked on 11/13/10, 11:16 am

2 Answers from Attorneys

The concept of "marital property" is for purposes of DIVORCE. Are you contemplating divorce? Anyhow, whose names are on title? If ONLY your husband's he has the right of control. If you are also on title, then you are an owner and can give permission subject to your having to work things out with your husband. Sorry to hear this is the case. Does he drive you everywhere or pay for transportation as you need it? Do you have the money to rent a car -- I can't imagine he'd want to see money go out the window if he has cars??? You need to work this out with your husband. And if he's that vindictive or inflexible, you have to decide whether we're back to the first sentence.....

And if he's that vindictive, you have to decide whether we're back to the first sentence.....

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Answered on 11/18/10, 12:30 pm

OK, as long as someone has an insurable interest in personal property, it can be insured in Illinois. Title by itself does not confer ownership. In other words, your use of the vehicles while you are married pretty much confirms that you have a right to use those cars and as long as they are insured, very much probably a permissive user. I strongly recommend you contact your agent and let you know about the situation so that the insurance company is also on notice of your marital status. If the insurer is aware of the permissive driver, very little will matter what your (ex-)husband does regarding the policy unless he has it canceled. Do check on whether it is still insured.

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Answered on 11/21/10, 5:10 pm


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