Aurora, IL Marital Property Division Attorneys

Respected Attorneys Addressing Marital and Nonmarital Property in Aurora, Illinois Divorce Cases

Property division can be one of the most important issues addressed during a divorce, and it can also be one of the most contentious. While every couple's situation is different, there are a variety of common issues related to property and debts that are likely to play a role in a divorce. One of those issues involves determining whether different assets are considered to be marital or nonmarital property. At The Law Office of Matthew M. Williams, P.C., we help clients address these issues and take steps to protect their financial interests.

With more than 20 years of experience handling complex financial matters in divorce cases throughout DuPage, Kane, and Kendall Counties, we understand the intricacies of property division. We can address concerns related to marital and nonmarital property, commingled assets, and high-value property. Whether you need to address assets such as your family home, retirement plans, or a family business, we will work to achieve an outcome that will protect your rights and provide for your future financial stability.

Marital vs. Nonmarital Property

Understanding the difference between marital and nonmarital property is key to determining what is subject to division in a divorce. Marital property includes all assets and debts acquired during your marriage, and it must be divided equitably between you and your spouse. You may need to address income earned during your marriage, your family home or other real estate property you have purchased or acquired, contributions to retirement accounts, vehicles, furniture, home appliances, and debts incurred during your marriage.

Nonmarital property usually consists of property owned by either you or your spouse prior to your marriage. For example, if you owned a house before you got married, it will be considered a nonmarital asset. Inheritances or gifts received by one spouse will generally be considered nonmarital property, and any property acquired after a legal separation will also be nonmarital. A prenuptial or postnuptial agreement may also designate certain assets as nonmarital property that will be owned by one spouse.

Commingling of Marital and Nonmarital Property

Commingling happens when nonmarital property is mixed with marital property to such an extent that it becomes difficult or impossible to distinguish between the two. In these situations, assets that were once nonmarital may become part of the marital estate, and they may be subject to division.

Common examples of commingling include:

• Depositing inherited money into a joint checking account, then using the account for marital expenses
• Using marital funds to make mortgage payments or improve a home owned by one spouse before the marriage
• Placing nonmarital property into joint ownership, such as titling a premarital vehicle in both spouses' names
• Mixing separate retirement accounts with contributions made during the marriage

When assets have been commingled, a spouse who claims sole ownership of a nonmarital interest may need to provide clear, convincing evidence tracing the asset's origin and proving it retained its separate identity. Otherwise, courts may determine that an asset is marital property that is subject to division during divorce.

In some cases, a spouse may retain ownership of a nonmarital asset, but they may be required to reimburse the other spouse for contributions to this asset. For example, if a person owned a home before getting married, but marital funds were used to make improvements to the home, the owner may be required to reimburse their spouse for the value of these improvements.

Addressing Joint and Separate Debts During Divorce

Just like assets, debts will need to be addressed during the property division process. Joint debts will need to be divided between spouses, and they may include balances on joint credit cards, mortgages or auto loans for property acquired during the marriage, medical bills, or personal loans.

Nonmarital debts that were incurred before the marriage or that are tied solely to one spouse's nonmarital property are typically the responsibility of the spouse who incurred the debt. Our attorneys can help distinguish between marital and nonmarital debts and ensure that you fully understand your obligations regarding the debts you or your spouse owe.

Contact Our Aurora, Illinois Marital Property Division Attorneys

If you are concerned about protecting your property rights during your divorce and making sure you will receive a fair share of the marital estate, The Law Office of Matthew M. Williams, P.C. can make sure these issues will be addressed correctly. Contact our Aurora asset division lawyers at 630-409-8184 for a free, confidential consultation.