Legal Question in Family Law in Illinois

Legal Separation

My girlfriend is married, she has been married for about 6 years, she says she got separated 2 years after she married because her husband was violent and was cheating, all she did was file a police report about his violence, i dont know how she thought this would be legal separation. Her Husband is claiming taxes with his new girlfriend and filing as married and he has his daughter with the new girl as a dependant. Isnt this illegal for him to be doing? We had plans of buying a loft together, if we do doesnt this mean he would have rights to the loft since they are still married?


Asked on 11/13/07, 9:30 am

1 Answer from Attorneys
John Steele Steele Law Firm

Re: Legal Separation

Your girlriend is married still, so she is still accruing marital assets. That being said, she should be able to prove (after a lengthy court fight) that the loft should be considered hers. Why not avoid all that and have her get a divorce? My opinion is to clean up the past marraige, and then get the loft. Or get it in your name and wait to deed an interest to her until after she is divorced. Many times, we have set it up so that a new property is protected once the divorce papers are FILED, not at the end.

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Answered on 11/16/07, 10:40 am


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