How Are Homes Purchased During Marriage Divided in Illinois?

Question from Mike, How Are Homes Purchased During Marriage Divided in Illinois?

Answer from AI:

In Illinois, the division of property during a divorce is governed by the principle of “equitable distribution.” This means that marital property is divided in a manner that is fair, but not necessarily equal. A home purchased during the marriage is typically considered marital property, but the division may not always be a 50-50 split between the spouses.

Understanding Equitable Distribution

Under Illinois law, specifically the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503), the court considers several factors to determine what is equitable. These factors include:

• The duration of the marriage
• The economic circumstances of each spouse
• Contributions to the marital estate, including homemaking and child care
• Any prenuptial or postnuptial agreements
• The age, health, and needs of each spouse
• The opportunity for future acquisition of assets and income

Case Law Examples

While specific case details can vary, here are some general examples of how Illinois courts have handled the division of a home purchased during marriage:

1. In re Marriage of Werries: The court considered the contributions of each spouse to the acquisition and maintenance of the home. One spouse’s non-financial contributions, such as homemaking, were also taken into account.
2. In re Marriage of Thornley: The court looked at the economic circumstances of each spouse, including their earning potential and financial needs, to determine an equitable division.
3. In re Marriage of Heroy: The court considered the length of the marriage and the future earning potential of each spouse, leading to an unequal but fair division of the marital home.

When Legal Advice is Necessary

Given the complexity of property division in divorce cases, it is crucial to consult with a legal professional. An attorney can provide personalized advice based on the specifics of your situation and help you navigate the legal process.

Steps to Take

If you are facing a divorce and need to understand how your home might be divided, consider the following steps:

1. Consult with a family law attorney to understand your rights and options.
2. Gather all relevant financial documents, including mortgage statements, property deeds, and financial contributions.
3. Consider mediation or collaborative divorce as alternatives to litigation, which can be less adversarial and more cost-effective.
4. Review any prenuptial or postnuptial agreements that may affect the division of property.

Additional Resources

For more information, you can refer to the following resources:

• Illinois Marriage and Dissolution of Marriage Act
• Illinois Legal Aid Online: Dividing Property and Debts in a Divorce

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a qualified attorney to address your specific legal needs.