Legal Question in Real Estate Law in Illinois

Re: Divorce / selling home

In Illinois, marital property is subject to division by the divorce court, regardless of who holds title. If your property is non-marital, then ownership pursuant to the deed controls the division of the proceeds. I don't have enough facts to tell you whether the home is marital property, but it is likely that it may be if you were married for any length of time, lived in the home, and used marital funds to pay the mortgage. You should see a family lawyer to get definitive information.

Our comments are based on the question you asked, and your question is being treated by us as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

Re: Divorce / selling home

It depends on what the final decision is in your court case. At any rate, any assets purchased after the marriage are considered marital property.