Strategic Divorce Consultation: (714) 845-7553

Orange County Family Law Attorney

You are here: Home / Divorce Tips & Advice / Divorce of Marital Property

Two human figures divide the house among themselves. Divorce concept. Disputes over division process of real estate and property between former spouses, relatives. Execution of the posthumous will.

In most divorces, the marital home is a major point of contention. Illinois, specifically, follows equitable distribution, meaning property division isn’t necessarily 50/50, but rather what’s considered fair based on the situation. Here’s a breakdown of how Illinois handles the house in a divorce:

 

Marital Property vs. Separate Property

  • Marital Property: Generally, a house acquired during the marriage is considered marital property and subject to division.
  • Separate Property: There are exceptions. If one spouse owned the house before marriage or inherited it, it might be considered separate property and remain with that spouse.

Factors Affecting Who Gets the House

  • Children: If there are minor children, the court often prioritizes stability. The spouse with primary custody might be awarded the house to minimize disruption for the children.
  • Financial Situation: Each spouse’s financial ability to maintain the house is considered. Can they afford the mortgage and upkeep?
  • Wishes of the Spouses: The court considers what each spouse wants regarding the house.
  • Contributions: The court might weigh factors like who made the down payment, who maintained the house, or who contributed more financially overall.

Possible Outcomes

  • One Spouse Keeps the House: This might involve the spouse who keeps the house buying out the other spouse’s ownership interest.
  • The House is Sold: The proceeds from the sale are then divided according to the court’s determination of equitable distribution.
  • The House is Kept Jointly: In rare cases, the house might be kept jointly owned by the spouses, though this can be complex and usually not ideal.

Moving Forward

Divorce Consultation
  • Consult an Attorney: An Illinois divorce attorney can advise you on your specific situation and help navigate the legal process regarding the house and other assets.
  • Consider Mediation: Mediation can be a less adversarial way to reach an agreement on the house and other divorce-related issues.

 

Remember, every divorce is unique. The above provides a general framework, but consulting a legal professional is crucial for navigating the legalities of your situation.