Who Will Keep the Family Minivan After the Divorce?

 Posted on October 22, 2024 in Divorce

If you are in the midst of a divorce in Illinois, you may be wondering who gets to keep the family minivan. Dividing assets can be one of the most challenging parts of a divorce, and the family vehicle carries significant emotional and practical value. From family vacations to daily school runs, it represents years of shared memories and responsibilities. To ensure the process is fair and equitable, speaking with a lawyer who can provide guidance tailored to your situation is important.

Marital Property Basics in Illinois Divorces

Illinois law states that assets acquired during the marriage are usually considered marital property. This means these assets will be divided between both spouses. Illinois uses what is known as an equitable distribution rather than the strict 50/50 split of community property states. Like any other asset, the family minivan falls under the umbrella of marital property.

Factors Influencing Vehicle Ownership

The decision about who keeps the minivan can depend on several factors, including:

• Primary use – Courts often consider who primarily uses the vehicle. If one spouse uses the minivan for specific purposes, such as transporting children or daily commuting, he or she might have a stronger case for retaining it. The practical needs associated with the vehicle's usage play a significant role.

• Financial contributions – It is not just about who made the initial purchase. Ongoing expenses, such as insurance, repairs, and maintenance, are also taken into account. If one spouse has shouldered more of these costs, it could influence the final decision.

• Economic circumstances – The court evaluates the financial situations of both spouses. If keeping the minivan significantly benefits one spouse's economic standing more than the other, it may affect the court's decision.

• Overall asset distribution – The value of the minivan is considered part of the entire marital estate. This means if one spouse is awarded the minivan, other assets might be assigned to the other spouse to maintain fairness in the overall distribution.

Negotiating Outside of Court

Divorce courts can be stressful and costly. Therefore, many Illinois couples prefer to negotiate asset division outside of court, including who keeps the minivan. If both parties reach a mutually acceptable agreement, the divorce process is simplified considerably.

Exploring Mediation as an Option

When direct negotiation proves challenging, mediation can be a viable option. A mediator – who remains neutral – helps you and your spouse reach an agreement by facilitating communication and compromise. During mediation, having your lawyer present can be beneficial for offering advice and ensuring that the settlement aligns with legal standards.

Schedule a Private Consultation with Our Wheaton, IL Division of Marital Property Attorneys

Determining who gets the family minivan in a divorce involves both emotional and practical considerations. For top-rated guidance through every aspect of your divorce, contact the DuPage County, IL divorce lawyers with The Stogsdill Law Firm, P.C.. Call 630-462-9500 to schedule a confidential consultation.