If I want to buy a house, in my name only, not with my husband, and down the lane we divorce, is he entiltled to any part of my house?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I want to buy a house, in my name only, not with my husband, and down the lane we divorce, is he entiltled to any part of my house?

Asked on May 19, 2009 under Real Estate Law, Illinois

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Not necessarily.  But this is far from a simple question.  You should talk to an attorney who is familiar with divorce law about this, before you make a decision.  One place to find a lawyer to advise you on this would be our website, http://attorneypages.com

I'm not an Illinois lawyer, and divorce law is different in almost every state.  However, some research suggests that, like many states, Illinois is an "equitable distribution" state, where marital property does not have to be divided 50-50, and the courts look at a number of things in making the division, including where the assets came from.  And, as in almost all states, while the starting point is that anything purchased during the marriage is marital property, no matter whether or not both spouses' names are on the property, there are exceptions, for inherited property and for property that was bought only with money that was not marital property (or was what was received for the sale of non-marital property and kept separate, with a paper trail to prove it), and a few others.

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

The short answer to the question is yes as it is considered marital property acquired during the marriage.  Think about it like this:  if he was in your shoes, do you think it would be fair for him to tell you that you are not entitled to it?  Spouses often put property in their names so as to avoid the house from being liened in the event the husband is ever sued in busienss.  This is a common thing.  Most men put their house in their spouses name for this very reason - i.e. they will be entitled to the proceeds as it is marital property.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption