Is Our Home a Marital Property if Only One Spouse Owns it?

 Posted on February 24, 2022 in Division of Assets

As the average age of marriage in Illinois increases, many couples are getting married and living in a home that one spouse already owns. Years later, when the couple gets divorced, determining whether the home is marital property can prove trickier than anticipated. If you are considering divorce in DuPage County, IL, and are curious about how your home may be treated in the asset division process, read on.

Is a Home Personal or Marital Property?

If one spouse already owned a home outright before the marriage, and the other spouse moved in once the marriage began, the home will likely be seen as the personal property of the spouse who previously owned it. Generally speaking, assets and debt that were owned by one spouse before a marriage remain the property of that spouse after a divorce.

However, this can get complicated if the other spouse helped pay for significant renovations or if the house was not owned in full when the marriage began. Even if one spouse never technically paid for the home because he or she was engaged in the full-time effort of raising children if the house was paid off using marital money (which is any money earned by either spouse during the marriage), at least part of the house will likely be seen as marital property.

This can also be complicated if a spouse owned a home outright and then sold that home and bought another home with their husband or wife during the marriage. The initial investment in the marital home may be seen as personal property in a divorce, but the increase in value of the home and the amount of money the couple put towards the house while they were married will likely be marital property.

As long as a home was acquired with marital income after a marriage began, it does not matter if only one spouse’s name is on the title or mortgage. The home will be seen as marital property and subject to division during divorce.

Call a DuPage County Marital Property Lawyer

Determining whether an asset is marital or personal property is an important part of ensuring a fair and equitable divorce agreement. For help with asset division and any other part of your divorce, contact a Wheaton divorce attorney with Andrew Cores Family Law Group. We will advocate assertively on your behalf and take your wishes seriously when creating a plan for divorce. Call us today at 630-871-1002 and schedule a free initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000