Legal Question in Family Law in Illinois
My husband and I are talking about divorcing. I bought the house we live in before we were married, with only my name on the loan and the deed. He thinks he will be entitled to half the profits from the sale of the home because he paid half the mortgage each month. Is this true?
1 Answer from Attorneys
Case law is mixed on this point. Some cases take the position that the payment of the mortgage and taxes on non-marital property (which is what your house is) should be equated to simple use and occupancy. Others, depending on the number of years of the marriage, indicate the marital estate should share in the appreciate of the value. Then fly in the ointment is when improvement have been made to the house during the marriage. An argument can be made that the property becomes marital property. Frankly it may well depend on the judge who is hearing the case.
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