Full question:
My family had built that house about a century ago in Northbrook, Illinois. I, being the sole heir of the family, inherited it from my dad. I got married when I was 21 to my high school sweetheart. Everything was picture perfect up until the time I found her cheating on me with my best friend. I filed for a divorce. She is planning to claim a part of the house for herself to torment me. Does she legally have a claim over the house?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Illinois
Answer:
In Illinois, property is classified as either marital or non-marital during a divorce. According to 750 ILCS 5/503, non-marital property is not subject to division between spouses. Non-marital property includes:
- Property acquired by gift, legacy, or descent.
- Property acquired before the marriage.
- Property excluded by a valid agreement, such as a premarital agreement.
Since you inherited the house before your marriage, it is considered non-marital property. Therefore, your ex-wife does not have a legal claim to it as part of the divorce settlement.
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.