If My Name is Not On the Title, Do I Still Get Part of Our House in an Illinois Divorce? 

 Posted on July 18, 2022 in Family Law Blog

The purchase of a first home is a major milestone in many couples’ marriages. Unfortunately, the division of the marital home later in divorce is often a difficult issue to resolve, especially when only one spouse has their name on the title or purchased the home before the marriage. If you are thinking about getting divorced and are wondering whether you have any claim to the home you lived in during your marriage, make sure you have a skilled Illinois divorce attorney on your side.

Homes Can Be Personal Property, Marital Property, or Both

Before assets can be divided in a divorce, they need to be categorized as either personal or marital property. For smaller assets like a car or a piece of jewelry, determining the category is usually fairly straightforward. For a home, however, the process can be a little more difficult.

For example, if you waited until after you were married to buy a house but only one spouse had good enough credit to purchase the home, the home may appear to be owned exclusively by that spouse. But marital property is not necessarily determined by whose name is on the title of the home; rather, if an item was bought after a marriage using both spouses’ incomes, the item is considered marital property no matter who is listed as the owner.

If a spouse were to buy a home after a marriage using money from a personal savings account that he or she had accumulated before the marriage, the portion of the home bought with the saving account would likely remain the personal property of that spouse in a divorce.

Likewise, if an individual bought a home before getting married and then invited their spouse to live with them in the home after the wedding, upon which date one or both spouses began paying for the remainder of the mortgage using money they earned from their employment, the portion of the mortgage that was paid off after the wedding would be considered marital property.

A valid prenuptial agreement may make things more clear, although such an agreement might make the terms of a divorce so unfair that the prenup might be overturned. Clearly, issues of asset division can become quite complicated. Having a great divorce attorney is your best bet for ensuring you get the matter of asset division resolved favorably.

Meet with a Knowledgeable Lombard, IL Asset Division Attorney

A marital home is frequently a couple’s most valuable asset, so getting a fair portion of your marital home is an extremely important part of any good divorce decree. For help from a bold, assertive DuPage County asset division lawyer who can help you explore your options, call the offices of A. Traub & Associates at 630-426-0196.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000