The end of a marriage is a life-changing time filled with uncertainty as to what the future holds. Soon-to-be divorced couples are about to embark on a complicated and emotionally-charged legal process where decisions are made about custody and assets.
One of the more contentious pieces of divorce property is the family home and who gets it.
Various scenarios regarding the marital residence
Various factors play a role in determining who stays in the house and who goes. The ideal scenario is for couples to work together as part of an overall settlement. Various scenarios exist as to which partner gets the family residence.
The spouse, who may have owned a house prior to marriage, did not bother to change the title. Nor did the “non-owning” spouse does not try to get their name on the mortgage, nor did they participate in providing financial resources and sweat equity. Those scenarios would maintain ownership by the spouse who brought the “family home” into the marriage.
Should one spouse own the house, and the other helps to remodel the home or makes mortgage payments, the home becomes the property of both couples and is subject to division.
Community property?
Illinois is not part of the nine community property states, nor is property necessarily divided equally. All property secured following the marriage and prior to dissolution is considered marital property.
Divorce can be contentious or cooperative. Depending on the circumstances that caused the split, two divorcing spouses working together, particularly if there are children involved, is the best scenario to help everyone move on to the next chapters of their lives.
