Legal Question in Family Law in Illinois
does a wife have dower rights in the home of that in the husband's name during a divorce
Asked on 8/22/11, 1:05 pm
2 Answers from Attorneys
Jonathan Shimberg
Shimberg and Crohn, P.C.
No there is no such thing as dower in Illinois., They have homestead rights,
Answered on 8/22/11, 1:26 pm
Donald Boyd
The Boyd Law Firm, P.C.
Rather than delve into obscure areas of ancient common law, you may be better served by reviewing the Illinois Marriage and Dissolution of Marriage Act (IMDMA), and those provisions addressing marital property. In essence, it does not matter in whose name the propety is titled. To the contrary, the question is whether or not it was purchased during the marriage. If so, it is probably considered property of the marriage and both spouses would have a legitimate claim to an equitable portion.
Answered on 8/22/11, 2:13 pm