Legal Question in Family Law in Illinois

I live in Illinois. Was divorced in March 2008. My ex lives in another state. Before the divorce was final he purchased a restaurant ( 1 month prior) ---with, at the time...MARITAL FUNDS. He was told he was breaking the law if he purchased anything before the divorce was final. I have documentation that online through records of deeds purchased in this state. This restaurant is for sale right now and there is an offer on the table. Do I have any rights to half of the proceeds of the sale of the restaurant???


Asked on 1/14/11, 8:45 pm

1 Answer from Attorneys

Jessica Natkin Anderson Boback

Based on the information you gave, I doubt you'd have a right to the sale proceeds for the restaurant, but it depends entirely on what the property division was like in the final judgment for dissolution of marriage. Were the marital funds declared marital and were they subject to division? Were you entitled to a portion of that money in your finalized divorce documents? In Illinois, all property is usually deemed divided upon a final dissolution of marriage, thus, unless you were awarded part of these funds in your divorce, you don't really have a claim to them now once the property is sold, but I would have to see your divorce documents to know for certain.

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Answered on 1/19/11, 9:29 pm


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