Chicago, IL asked in Car Accidents, Domestic Violence and Small Claims for Illinois

Q: My ex has my car that i paid for. He has the car because both names are on the car. He totaled it and wants the title.

There is a restraining order so this is why it’s difficult. What do i do about the car situation and the title? I believe he’s getting money from the insurance company.

2 Lawyer Answers
Chase Van Oostendorp
PREMIUM

A: Is your ex your ex husband? If so, does the Divorce Decree state who retains possession of the vehicle? Is the restraining order against you or your ex?

These factors will have an impact on what your relief may be in this situation.

Charles Candiano agrees with this answer

Charles Candiano
Charles Candiano
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: I agree with Mr. Van Oostendorp. If there was a decree of divorce, it would state who got the car. If you were never married, it is more difficult for the courts to say. Factors to consider would be whether you have a receipt for the car's purchase, whether your ex made payments, who paid insurance, whether the car is paid off, and if not, whether you had GAP insurance. The Restraining Order is irrelevant as you can still meet him at the police department or use whatever intermediary advised you that he wanted the title. If the title is in your name, there is no need to guess. Call the insurance company and ask what's going on.

1 user found this answer helpful

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