Legal Question in Family Law in Illinois
property
how is propertydividedif a home is being built during the ingagement and finished before the wedding and put in one persons name? (habitat for humanity home)
1 Answer from Attorneys
Re: property
Since the parties are not married, the house is not marital property. Each of the parties, through their agreement, payments or efforts, may have acquired equity in the house; therefore, the value of the house should be apportioned based on the equities each party acquired. It is presumed the house was placed in one person's name as a matter of convenience. Also, Habitat for Humanity may have policies and rules regarding the house, and so may have a claim to some part since the engaged couple apparently aren't planning to carry out the intended purpose of the property. You are advised to work it out among the three interested parties as well as anyone else who has a claim. If you need further legal advice, consult with a local attorney who can advise you and prepare an agreement resolving the issues.