Who Gets the Family Car in an Illinois Divorce?

 Posted on July 16, 2026 in Property Division

People who decide to get divorced face many unknowns, particularly when it comes to marital property division. When two people dissolve their marriage, the law entitles both of them to a share of marital property. Also referred to as marital assets, marital property is anything that was acquired during the marriage. There are some exceptions to this rule, but most possessions gained after the wedding belong to both spouses.

The question, then, is how is this marital property divided? Who, for example, gets the family car? Be sure to speak with a Wheaton, IL divorce attorney if you have any questions about dividing property in an Illinois divorce. At Goostree Law Group, we have decades of experience in family law, which has given us a full perspective on property division matters.

How Is Property Divided in an Illinois Divorce?

Illinois law sets forth numerous guidelines for how property should be divided in a divorce (750 ILCS 5/503). A few key things to keep in mind include:

• Marital assets are to be divided fairly, not always equally.
• If a couple cannot agree on how to divide their property on their own, a judge should distribute the property in a way that is "just."
• A court must not base its decisions about property division on marital misconduct. In other words, a judge cannot award more marital money to a spouse simply because the other spouse committed adultery, abuse, or other misdeed.

What we see from the law’s approach is that judges have discretion when it comes to deciding how to divide marital property. This makes it a bit harder to predict how an asset will be distributed, which is why some couples prefer to negotiate for property outside of court.

How Does Equitable Distribution Affect the Division of the Family Car in 2026?

As mentioned, Illinois follows the rule of equitable distribution, which means marital property is divided in a way that is fair, not necessarily equal. This rule applies to a car the same way it applies to a house, a bank account, or any other asset gained during the marriage.

A judge will not simply split the value of the vehicle in half. Instead, the judge looks at the full picture of the marriage, including each spouse's income, needs, and contributions, before deciding who keeps the car or how its value should be shared.

A spouse who relies on the vehicle for work or for taking children to school may have a stronger case for keeping it. The goal is a fair outcome based on the circumstances of the specific family, not a rigid, mathematical split.

How Is a Car Valued in a Divorce?

Before a car can be divided, it needs a fair market value. This is usually done by checking pricing guides, such as Kelley Blue Book or the National Automobile Dealers Association guide, which estimate what the vehicle would sell for based on its make, model, year, mileage, and condition. Spouses can also hire a professional appraiser if there is a disagreement about the car's worth.

Any outstanding loan balance on the vehicle is subtracted from its value to determine the true equity. That equity amount is what a judge considers when deciding how to divide the car fairly between both spouses, whether through a buyout, a sale, or another arrangement. Our Illinois divorce attorneys can advocate for a fair valuation and work toward an equitable outcome.

When Can a Vehicle Become Commingled Property?

A car bought before the marriage usually counts as separate property, meaning it belongs only to the spouse who purchased it. However, this can change if the vehicle becomes commingled with marital assets.

For example, if marital funds were used to make loan payments, cover major repairs, or maintain the car over the course of the marriage, part of its value may become marital property. Once separate and marital funds or ownership become mixed together, untangling the two can be difficult. A judge may need to decide what portion of the car's value should be treated as shared property.

How Is a Car Divided in a Divorce?

Dividing marital property is also a complex procedure. A car, like a house, cannot be physically divided between the parties. Likewise, continuing to share the car after the divorce is not practical for most couples.

One way to divide a car in the divorce is to sell the car and divide the proceeds between the parties. This can provide a clean break, though the parties must still figure out how much of the proceeds they should each receive. Selling may be less than ideal if the car isn’t worth much after paying it off. Another practical method involves one party simply keeping the car in exchange for other assets, effectively making it a fair trade.

Should You Try to Negotiate for a Marital Vehicle Outside of Court First?

In most cases, couples are advised by the courts to try to reach a property agreement on their own. Negotiating directly, or through your attorneys, can save both time and money. Court battles over property, including cars, can drag on for months and add stress to an already difficult process. When both spouses are willing to compromise, they can often reach a fair agreement much faster than waiting for a judge's decision.

An out-of-court agreement also gives spouses more control over the outcome. Instead of leaving the decision up to a judge who does not know the family's daily needs, spouses can factor in things like who drives the car for work or who needs it for the children. If negotiations stall or become unfair, a family law attorney can step in to move the process forward.

Contact a DuPage County, IL Marital Property Division Lawyer

There are no guarantees for how a judge will decide to divide marital property. The attorneys at Goostree Law Group, however, will advocate for an outcome that protects your future interests. With our extensive experience and legal skills, we are prepared to negotiate on your behalf in and outside of court. Call 630-584-4800 to schedule a free consultation with our Wheaton, IL marital property division attorneys today.