Legal Question in Family Law in Illinois
marital contribution
My husband owned a townhouse which we lived in for 1 yr while we were married we sold the townhouse and bought a house. We have lived there for 8 years and have refinanced , took a second mortgage and a line of credit. He is claiming thet the money from the sale of the town house was a marital contribution and he wants it back. The check was for 40,000 and we put 38 000 down on the house. Is he entitled to this money and do you know of any case law to show he in not?
1 Answer from Attorneys
Re: marital contribution
The home you've lived in for eight years is absolutely marital property that a court needs to divide. He's not entitled to any special reimbursement...assuming that you both own the home and are on the mortgage, ect. No one who knows what they're talking about would push what he's suggesting. The situation would be different regarding the townhome...those are the tough cases when he owns it but you both live there. The second home is "marital property" just like anything else the two of you acquired during the marriage. Once couples start buying stuff together after getting married, all of those things become "marital property". Give me a call if you'd like...don't be fooled by your husband on this issue.
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