Legal Question in Family Law in Illinois

If non-marital assets (inheritance) was used to pay-off mortgage held by both spouses, how does the other spouse benefit if divorce decrees division of house? Does the non-marital asset amount just go to the spouse that received the inheritance or to both spouses?


Asked on 7/05/11, 1:27 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Usually the payment is treated as a gift to the marriage, assuming that the mortgage is on marital property. The newly created equity is marital, unless the parties agreed otherwise.

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Answered on 7/05/11, 1:35 pm


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