Who Keeps the Marital Home in an Illinois Divorce? 

 Posted on October 27, 2021 in Family Law

The marital home is often the most valuable asset a couple owns and is consequently one of the most difficult and embittered issues in a divorce’s asset division. This is complicated by the fact that couples usually have children and the marital home is the place where those children have shared their lives with their parents. Parents may understandably have concerns about uprooting the children by selling the marital home and moving them somewhere new. 

But one spouse keeping the marital home is not necessarily the best for everyone. Just as the home is generally a couple’s most valuable asset, mortgage payments are often a couple’s most expensive debt. The burden of caring for a home can be overwhelming when placed on the shoulders of one spouse alone. If you are getting divorced and have questions about what could happen to your home, an experienced Illinois divorce attorney can help. 

Does One Spouse Have to Move Out to Get a Divorce?

Unless there is a protective order stating one spouse may not have access to the house, until the divorce is final, both spouses retain ownership of and access to the home. Some spouses can continue living together during the divorce process, but this is often a recipe for disaster. Once the gloves are off and couples act with opposite interests, it is difficult to avoid conflict to which the children may be exposed. 

Although there is no mandate stating which spouse must move out, the spouse that spends more time with the children often remains in the house while the divorce is ongoing. However, ownership of the marital home after the divorce may differ from living arrangements during the divorce. 

Will the House Need to Be Sold? 

As long as the house is marital property, its value will need to be divided during the divorce. Ideally, spouses will come to a compromise about how to handle the house. This can work in different ways. One spouse may decide to stay in the house with the children and take over the entire financial burden of paying the mortgage and running the house. This can prove challenging, especially because the spouse who stays in the home generally must “buy out” the other spouse’s equity, potentially leaving them with little in savings. Spouses can also sell the home and divide the equity. 

Meet with a Hinsdale, IL Marital Property Division Attorney

Achieving a favorable outcome in your Illinois divorce is much more likely when you have the help of an experienced DuPage County marital asset attorney. At Law Office of Martoccio & Martoccio, we represent our clients with persistent assertiveness until the entire process is over. Contact our offices today to schedule your free initial consultation and find out how we can help you. Call us at 630-920-8855. 

Source:

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