Legal Question in Family Law in Illinois
In Illinois, in the divorce process, Does husband have rights to half equity in house if he has been giving wife money weekly for house payment (10 years) ; but his name is not on the house ?
Asked on 11/05/15, 5:20 am
1 Answer from Attorneys
Jonathan Shimberg
Shimberg and Crohn, P.C.
Thre is no easy answer, When did wife purchase the home. If it was hers before the marriage, there is case law that says you were simply paying for use and occupancy of her home. If she bought it after the marriage, there is a presumption that it is marital property, no matter whose name it is in. The issue requires a fact specific inquiry that cannot be answered effectively in a short space.
Answered on 11/05/15, 6:19 am
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