Legal Question in Family Law in Illinois

I owned my home free & clear before marriage
It seems I will soon be going through a second divorce. For the first one, I paid my ex-wife her share of the equity in the home. Subsequently, I paid off the mortgage and the home is in my name only. After this, I remarried and will be divorcing soon. This second wife is claiming homestead interest in the home even though I owned it free and clear before I ever met her.

If this is legal, what percentage of the home's value will I have to pay her? Does it matter that she decided to leave and move out of the home? Does it matter that she worked but paid nothing toward the monthly bills and that our earnings/savings/checking were never comingled in the same account? In otherwords, she lived there and never spent one thin dime toward any home expense, including utilities, taxes, groceries, maintenance, etc.

I just can't imagine a person receiving something for nothing, especially when the home was a premarital asset.

Asked on 8/29/04, 4:43 pm

Zedrick Braden III Ainsworth & Associates PC

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Re: I owned my home free & clear before marriage

Greetings. In my opinion, you are correct. The

home is a premarital asset, assuming that you

purchased it and paid it off prior to marrying

your second wife. It would only be marital property if you obtained the home during the

marriage. I will be happy to answer any

questions that you might have. I suggests that

you get started on this soon.

Answered on 8/31/04, 2:19 am

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