Legal Question in Family Law in Illinois

My husband and I bought a home while we was married. We are about to go before a judge for our divorce, my husband wants me to put the house up for sale sense I am unable to refinance the house in only my name taking his name off. My children and I live in the house and it is the only place we have to live. I keep my mortgage payment payed one month in advance. He and his new girlfriend have recently too out a contract for deed on a home they just moved into so he has a home. My question is will the judge make me sell my only home at the request of my husband? And considering we are still married and he has purchased another residence through contract for deed wouldnt that also be considered marital property? We both live in the state of Illinois


Asked on 4/04/13, 3:27 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

There are too many unknowns. The court has the power to order the sale or the power to allow you to remain in the house until the youngest is 18. Is there any equity in the house? If there is how do you propose to pay him for that equity or are other assets being offset. The house he is buying on contract is martial property but probably has no value. You have a reasonable argument for keeping the house, but the court would order thatr if you do not keep the mortgage current, then the house must be sold.

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Answered on 4/04/13, 5:25 pm


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