Who gets the house in a divorce?

UPDATED: Sep 12, 2011

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Who gets the house in a divorce?

I have 2 children, 1 in 3rd grade. I have nowhere to go in the town I live and the house is in his name. What can I do to get away from him? My husband is verbally abusive to me and our children. He is becoming physically abusive. I do not work and am a full-time nursing student. My daughter is in the third grade. I have no family in the state of IL. My daughter and I both need to be at school. The house was his before we married and I want a divorce. My children and I have nowhere to go. He has family here that he can stay with.

Asked on September 12, 2011 under Family Law, Illinois


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

Answered 11 years ago | Contributor

I am so sorry for your situation.   Because the house was his prior to the marriage (and not purchased with the intent to be marital property) it will probably be considered separate property at the time of the divorce.  But that may or may not have a bearing on the ability for you to occupy it on a temporary basis (and by that I mean for a limited time frame) during and after the divorce since it was the marital home and it is the home of your children as well.  It does not sound like you are going to get him to agree to anything voluntarily so you will need to seek help from an attorney in your area.  If he is being abusive call the police and have him arrested.  Then obtain a retraining order and temproary occupamcy of the hopsue.  ASk for spousal support until you can get through school and get a job (called rehabilitative support in some places).  Good luck to you.

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