Full question:
My husband and I have been married for 10 years but are on the verge of divorce. We stay in a house that I bought a few months before our wedding. I made the purchase with cash, a part of it came from my parents. I had the intention of making this our marital home at the time of its purchase. My husband wants to keep the house after the divorce, but I do not want that to happen. Can I retain the house?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Illinois
Answer:
In Illinois, property acquired before marriage is generally considered non-marital property. However, if it was purchased in contemplation of marriage, it may still be classified as non-marital property. According to Illinois law (750 ILCS 5/503), non-marital property includes:
- Property acquired before marriage.
- Property acquired by gift or inheritance.
- Property exchanged for non-marital property.
Since you bought the house before your marriage, it is likely classified as non-marital property, even if you intended it to be your marital home. Therefore, you may have the right to keep the house after the divorce, as long as you can demonstrate that it was purchased before your marriage and is not considered marital property.
The court will assess the classification of assets and make factual findings to support its property award.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.