How Can I Retain my  Property After Divorce in DuPage County?

 Posted on September 16, 2022 in Divorce

Among the many difficult and uncomfortable hurdles you face during a divorce comes the question of how to divide the property. If you have been married for many years, it can be undeniably challenging to decide who gets what. You want to make sure you have the best case in your favor to ensure you receive what you are entitled to. 

What is Marital Property and What is Non-Marital Property?

The basis of deciding who retains ownership of certain properties is established by first dividing what is considered “marital property” and “non-marital property”. Though it can still be tricky to determine what is considered “marital” and “non-marital” property, the timing of what was purchased prior to or following the marriage is the primary deciding factor. “Marital Property” refers to all property, including debts and other obligations, acquired by either spouse during the marriage.  

However, there are instances when something purchased before marriage can become marital property.  

Non-marital property includes, but is not limited to:

• Property acquired before the marriage

• Property that has been gifted to the spouse

• Anything a spouse receives after a legal separation

• Property that has been passed down through their family as an inheritance

How is Ownership Determined?

The ownership of “non-marital property” is more easily determined as the majority of these items were purchased or gifted to one of the spouses specifically. Any other items are considered to have a form of dual ownership unless one party can show through convincing and clear evidence that the item in question belongs to them. In most battles for personal property, the courts shall weigh both spouses’ contributions, claims to ownership, and preservation of the object or property. Other factors are equated in regard to the court’s rulings include: 

• If there was a prenuptial or postnuptial agreement

• The duration of the marriage

• The economic circumstances of both parties

• Prior Marriages

• Age, health, employability, and needs of both spouses

• The custody agreements of any children between the two

Contact a DuPage County Divorce Attorney

It can be a headache trying to prove your rightful ownership over personal property, but reaching out to the Naperville divorce lawyers at the Law Office of Ronald L. Hendrix, P.C. can help. Calling 630-416-7004 is the first step to building your case to retain ownership over what is yours.  Contact us today to receive your free consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm