Full question:
My husband and I have been living in Illinois for the last seven years. Prior to our marriage, I owned a property worth a few million dollars. After I got married, my husband through coercion got control over my property. This has me worried as I fear that he might eventually try to take the property completely from me. I do not want a divorce from him but I want my property to be returned as my separate property. Can I file a suit against him and claim my property back?
- Category: Husband and Wife
- Subcategory: Personal Injury
- Date:
- State: Illinois
Answer:
In Illinois, not all property can be considered as marital property. Property can also be kept as a separate individual’s property. If a spouse unlawfully obtains possession of the other spouse’s non-marital property, the property owner may initiate a legal action against that spouse.Per Illinois Compiled Statutes 65/10
“Should either the husband or wife unlawfully obtain or retain possession or control of property belonging to the other, either before or after marriage, the owner of the property may maintain an action therefor, or for any right growing out of the same, in the same manner and to the same extent as if they were unmarried.”
Therefore, because your husband has unlawfully obtained possession and ownership of your property, you can file a suit against your husband to attain the right over it in the same manner and to the same extent as if you were unmarried.
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.
