Legal Question in Real Estate Law in Illinois

husband entitled

I am thinking about getting married. If I do and I get a divorce will he be entitled to a part of the sell of my home.


Asked on 10/23/06, 2:29 pm

1 Answer from Attorneys

Frank Sprude Frank Sprude, Attorney at Law

Re: husband entitled

Given the very short set of facts you give, your home would be non-marital property and your future husband should NOT be entitled to a portion of it. HOWEVER, it is possible that he would be entitled to a portion of your home if it is converted to marital property. Many actions can take place to convert non-marital property to marital property, such as the husband contributing towards payments or you and your husband taking out a mortgage on the home to pay for marital property.

To most reliably ensure your husband would not take a portion of your home, I would recommend a pre-nuptial contract explicitly stating that your husband will not take a portion of home.

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Answered on 10/23/06, 4:34 pm


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