Legal Question in Family Law in Illinois

I filed for divorce in Jan 2010. He & I remained in the marital home until May of 2010 then I moved out because of domestic violence. I do still have belongings in the marital home that I was not able to take with me. (like a piano...) I now rent a home and he still resides in the marital home. He currently has a girlfriend that just moved in with him in June of this year. He travels for his profression and can be gone for long periods of time. He is set to leave sometime this month and has stated that his girlfriend will continue to reside in the home.

Does he have the right to allow her to stay there while he is not there and my possessions are still there? And do I still have rights to the home although I voluntarily moved out? Or can I keep her from residing there without his presence?

(For the record, she is on probation in many counties for theft among other things...)

Also, our divorce is not final. We have only proven grounds and established child support and custody.


Asked on 9/09/11, 10:42 pm

1 Answer from Attorneys
John Steele Steele Law Firm

It is difficult for me to determine what you're looking for. Do you want to get your possessions out of the home? Or do you just want to prevent the girlfriend from staying there until the divorce is final? Regardless, it is usually best to file a Motion with the court to get the relief you're seeking. No matter what the circumstances. As long as the home is marital property, you still have "rights to the home;" however, without a court order in place, it is impossible to enforce anything.

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Answered on 9/13/11, 3:20 pm


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