The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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Is it Possible to Buy a New House Before My Illinois Divorce is Finalized? 

Posted on in Chicago divorce attorney

b2ap3_thumbnail_aurora-il-divorce-lawyer.jpgCouples who get divorced in Illinois have sometimes been separated and have lived in different homes for a long time before finally filing for divorce. Once it becomes clear that the relationship has irreparably fallen apart, it becomes natural to want to move on and begin establishing a life separate from one’s spouse, including finding a new home to live in or purchase. But because marital property must be assessed and divided during divorce, purchasing a home or making any other major financial decisions can impact the marital asset division process. If you are getting divorced or know that eventually you will get divorced, seek advice from an Illinois divorce attorney before you buy a home. 

If We Break Up, Is Any Money I Make My Personal Property? 

While you may feel as though your relationship ended long before you even filed for divorce, under Illinois law, as long as you are married your income is considered marital property. This includes income from employment, rental properties, investments, and more. So, even if you and your spouse have lived in separate homes for years, as long as you were still married, your income is almost certainly still marital property. 

This means that anything you buy with that income is also marital property. While Illinois law requires courts to divide marital property fairly, rather than using an equal split, living separately does not automatically make property belong exclusively to you - even if the asset is only in your name. 

This means that if you buy a home before your divorce is finalized, the value of that home will be subject to division in a divorce. Ideally, you and your spouse will agree about how to divide all of your marital property without the help of a judge. A judge may even require you to pursue mediation so you can keep the matter out of court. If you and your spouse agreed that you would buy your own home and retain its value, you can simply include that in your divorce decree. However, if you are unable to reach a compromise, your divorce may go to trial, where a judge will divide your property for you. 

It is important to note that money received through a gift or inheritance is usually not considered marital property. In this case, if you had enough money to buy a home or put a down payment on a home, the portion of the home you bought with your inherited funds would likely remain your personal property. 

Schedule an Initial Consultation with a Knowledgeable St. Charles, IL Divorce Lawyer

It is essential to understand how a significant step like purchasing a home could affect you during your divorce. For outstanding legal representation for this and every other issue in your divorce, schedule a consultation with a St. Charles divorce lawyer with the The Law Office of Matthew M. Williams, P.C.. Call us today at 630-409-8184 before making any major decisions that could impact the outcome of your divorce. 

Source: 

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

The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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