303 W. Main Street, West Dundee, IL 60118
 | 847-428-7725
Call for a Free Consultation
Evening and Weekend Hours by Appointment
100 Illinois Street, Suite 200, St. Charles, IL 60174
 | 630-200-4882
By Appointment Only
Evening and Weekend Hours by Appointment
West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
Facebook Twitter LinkedIn
Search
Also serving McHenry, DuPage, and Cook Counties

Who Gets to Keep the House in an Illinois Divorce?

Posted on in Asset Division

Kane County family law attorneyA divorce can trigger many different emotions, from anger to sadness to resentment. Although there are couples who part ways amicably, many divorces can be contentious. Such cases can involve disputes over parenting time, child support, spousal maintenance, and property division. One of the biggest questions is who will be allowed to stay in the marital home? In many cases, both spouses feel like they are entitled to the house they bought together. However, usually only one spouse will remain in the home and the other spouse will move out. Determining this can be complicated and a major point of contention. 

How Are Marital Assets Divided? 

In Illinois, marital assets or property include anything that was acquired during the marriage. This can also be debts that one or both partners accrued. Non-marital property are things that each spouse owned before the wedding or acquired once they legally separated. Gifts and inheritances received by just one spouse during the marriage are still generally considered non-marital property. On the other hand, the home the couple lived in is often considered marital property, even if it was bought before the couple was married.

When it comes to splitting the marital estate, it is divided according to “equitable distribution.” This means items are divided fairly and may not be split exactly in half. The courts will consider several factors when deciding how to divide the assets equitably. Some of these factors include:

  • The needs of each spouse
  • The length of the marriage
  • The earning capacities of each party
  • The contributions of each party to the marriage and the marital estate  

The ultimate decision of who gets the house in a divorce is determined by the judge unless the couple created a prenuptial agreement or the spouses can settle outside of court as to whom will stay in the house. If a couple has children and one parent is awarded the majority of the parental responsibilities, then it is likely that named parent will be the one to remain in the house with the kids. This is often considered to be in the best interest of the children so they do not have to be uprooted during an already stressful time. 

In some cases, the best option is for the marital home to be sold and each spouse receives a portion of the proceeds. Selling the house might be the right choice if neither spouse could afford to keep the home on their own, or if both spouses decide to start over in a new area.   

Contact an Algonquin Division of Property Attorney

A divorce is a complex process under any circumstances, but when a couple disagrees over how to split property or assets, it can be even more intimidating. When going through the proceedings, you need professional legal counsel to make sure you do not make any mistakes that might jeopardize your chances of keeping what is rightfully yours. At the Law Offices of Benedict Schwarz, II P.C., our knowledgeable and caring Elgin divorce lawyers know the divorce laws in Illinois and can help you achieve a favorable outcome. To schedule a free consultation, call our office today at 630-200-4882.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&SeqStart=3700000&SeqEnd=5200000

 

Martindale Hubbell Rating Super lawyers Attorney Registration and Disciplinary Comission Lawyers Association Program Illinois State Bar Association Kane County Bar Association DuPage Bar Association
Back to Top