Does My Spouse Have the Right to Keep a Family Car After Our Divorce?

 Posted on October 29, 2026 in Property Division

If you are like many people, your car, truck, or other vehicle is an essential component of your everyday life. You may have also spent a great deal of time, effort, and money making payments on your vehicle and keeping it maintained. It is therefore understandable to have concerns about who will retain ownership of your vehicle after divorce. You may question whether your spouse has the right to keep a car that is only titled in your name or worry that you will be forced to sell the vehicle and split the proceeds.

Understanding the laws that govern asset distribution during divorce is key to reaching a fair settlement. At The Stogsdill Law Firm, P.C., we have over 100 years of experience, and we know how to handle contentious property division. Our Wheaton, IL divorce lawyers can stand up for you in negotiations when high-value assets are on the line.

Who Gets the Family Car in an Illinois Divorce?

You and your spouse may be able to resolve property division concerns such as vehicle ownership through negotiations, mediation, or collaborative law. However, not every divorcing couple is able to reach a property distribution arrangement without court intervention. If your divorce case is litigated, a legal doctrine called "equitable distribution" will be used to determine which spouse gets what assets. Property acquired by a party before the marriage usually belongs to that spouse (750 ILCS 5/503).

Property received in an inheritance is also usually classified as separate property. Assets that are acquired by either spouse during the marriage are considered marital property. If you purchased your vehicle after you got married, it is part of the marital estate and subject to division. This means that even if your vehicle is titled in your name alone, your spouse will have the same rights to the vehicle as you do.

What Do Judges Consider When Awarding a Vehicle in a 2026 Divorce?

There are a few different ways that vehicles may be handled during the property division process. The vehicle may be sold and the profits split between the spouses, or one spouse may keep the car, while the other spouse keeps assets of similar value. When determining who will own a vehicle after divorce, Illinois courts may consider a number of different factors. The amount of money that each spouse contributed to the acquisition of the vehicle is one consideration.

Each spouse's income and employment circumstances as well as the spouses' transportation needs are also considered. Parental responsibilities and parenting time arrangements may influence who gets a vehicle, since a parent may need a larger vehicle to transport children to school or activities.

Is Your Spouse Entitled to Reimbursement for Payments on a Non-Marital Vehicle?

If loan payments came from marital funds during the marriage, your spouse may ask for reimbursement. Marital funds include most of the wages either spouse earned while married. Say you bought a truck a year before your wedding. After the wedding, you paid off the loan using paychecks deposited into a joint account. Those payments came from the marital estate. Illinois law allows the marital estate to seek repayment when it helped pay for non-marital property.

Reimbursement is not automatic. The spouse asking for it must trace the payments with clear and convincing evidence. Bank statements and loan records are often key. A judge may also deny reimbursement if the payments were meant as a gift. Even when reimbursement is granted, the car usually stays with the spouse who owned it.

What Happens to a Car Loan in an Illinois Divorce?

Often, the spouse who keeps the car also takes on the loan. That sounds simple, but problems can come up. The lender is not part of your divorce. If both spouses signed the loan, the lender can still go after either of you if payments stop. A divorce order does not change the original loan contract.

For this reason, many divorce agreements require the spouse keeping the car to refinance the loan in their own name. Refinancing removes the other spouse from the debt. If refinancing is not possible, the agreement may call for selling the car. The sale money pays off the loan, and any leftover value can be divided.

A loan on a non-marital car works a little differently. If the loan existed before the marriage, the debt will often stay with the spouse who owns the car. Payments made during the marriage may still lead to a reimbursement claim.

How Can You Prove That a Car Is Separate Property in a Divorce?

Proving that a car is separate property in an Illinois divorce takes clear records. If a car was bought during the marriage, the law presumes it is marital property. The spouse who claims otherwise must prove it with clear and convincing evidence. That is a high bar.

Helpful records include the title, the purchase agreement, and loan documents. Bank statements can show where the down payment came from. A gift letter or estate papers can support a gift or inheritance claim. A car bought with separate money can also stay separate. For example, you might sell a car you owned before marriage and use that money to buy a new one.

Be careful about mixing assets. Adding your spouse’s name to the title may suggest you meant to share the car. Trading in a marital vehicle toward the purchase can also blur the line. A divorce attorney can review your records and help you build a strong case for keeping what is yours.

Contact Our Wheaton, IL Property Division Lawyers

At The Stogsdill Law Firm, P.C., we help divorcing spouses negotiate property division arrangements outside of court so that they can avoid divorce litigation. However, if spouses are unable to reach an agreement, we are also equipped to offer strong legal representation during a divorce trial. If you want to learn more about how we can help with property division issues during divorce, call our office at 630-462-9500. Schedule a confidential consultation with a knowledgeable DuPage County, IL divorce attorney from our firm today.