Cars are an important asset, and are often the subject of dispute in a divorce—whether the couple owns or leases one car or multiple cars. Because cars are property and often purchased or leased with marital assets (funds), they are subject to the court’s decisions on how to divide the property. If the parties to a divorce are not able to agree on the transfer of ownership (title) and responsibility for payment of any car loans and insurance, the judge or jury may make these decisions for the parties.

In Illinois, as in many states, cars are considered personal property and can become a point of contention during divorce proceedings. Illinois is an equitable distribution state, which means that marital property, including cars purchased or leased during the marriage, is divided in a manner that is fair but not necessarily equal. If a divorcing couple cannot agree on how to divide their vehicles, the court will make a determination based on factors such as the length of the marriage, the contribution of each spouse to the acquisition of the property, the value of the property assigned to each spouse, and the economic circumstances of each spouse. The court will decide who gets ownership and responsibility for any associated car loans and insurance. It's important to note that any vehicles acquired before the marriage or as a personal gift or inheritance to one spouse may be considered non-marital property and not subject to division. An attorney can provide guidance on how these laws apply to an individual's specific situation in a divorce.