Can wife take house

UPDATED: Sep 30, 2022

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Can wife take house

Me and my wife legally separated about four years ago recently I bought a new home and I allowed her to move in to see how a friendship would work but she’s not on the deed or the mortgage and now we’re going to divorce does she have any rights to the home

Asked on April 2, 2017 under Family Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

So you filled out and filed a petiton for legal separation and a summons and it was properly served and recorded?  Or you entered in to a separation agreement?  The law required that some action be taken to pin point a date certain that the marriage has ended and thus cutting financial ties with eachother (the filing of the summons in court or an agreement discussing same).  If that has happened then it appears that the house would be seen as an asset that is considered separate property (purchased after this date the marriage is deemed ended).  But was any money that would be considered marital money used to purchase the house?  That could be a monkey wrench so I would seek legal help asap.  Good luck.

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