Legal Question in Family Law in Illinois

I am going through a divorce. We have a house in Wisconsin, a duplex. I had moved out a few years ago, and it was rented out. I was told that it was currently rented, as I wanted to move back in because I do not have anywhere to live and am currently living place to place. I went to the house and the one side is vacant. Do I have the right to move back in? We have been married since 1975. We purchased the house over 20 years ago. The deed is only in my husband's name. But it's a marital property state. If I don't take posssession now, I don't know that I will have this chance again.


Asked on 3/04/12, 2:35 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Based on what you've said, I think you can move into the side that is vacant at least. You would be better though to have your attorney file a motion with the court asking that you be given exclusive possession of the property during the pendency of the divorce. You shouldn't try and evict anyone or break the tenant's lease but as long as one side is empty, you have every right to live there.

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Answered on 3/04/12, 2:47 pm


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