Legal Question in Family Law in Illinois

I "purchased" my home 7 yrs before getting married. I have been married for 3 yrs now during which time we have lived in the home and had a child. We have made significant improvements on the house and refinanced it. My wife's name is on the mortgage, but only mine is on the deed as before. Is it possible for my wife to be awarded the house even though I acquired it prior to marriage or will she just be entitled to a portion of the equity accrued while married?


Asked on 7/17/14, 10:02 am

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

Your wife could argue that the significant improvements have transmutted the property from non-marital to martial property. There are no black and white answers. It is possible for a court to follow her argument and find the property to be marital. It is also possible for the court to not do so. The extent of improvements and the source of payment for them it not disclosed.

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Answered on 7/17/14, 10:32 am


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