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IL divorce lawyerIf you are thinking about filing for divorce in Oakbrook Terrace, or if you know that your spouse has plans to file for divorce, you are probably already thinking about the complications of property division. While the distribution of marital property will vary in complexity from case to case depending upon the amount and type of assets and debts involved, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) requires that Illinois courts divide all marital property according to the theory of equitable distribution.

Although the court will determine who marital property is divided until the parties can negotiate a property division agreement or property settlement, it may still be possible for one of the parties to make clear that she or he wants to retain particular property for which she or he is willing to give up other property. In a lot of cases, one of the parties wants to keep the marital home.

Why Would One of the Parties Want to Stay in the Marital Home After a Divorce?

There are a variety of reasons that someone may want to stay in the home after the divorce, from a sentimental attachment to the property to issues like raising your child and wanting to keep kids in the same school district.

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IL divorce lawyerIf you are considering divorce in DuPage County, it is important to understand how property division works under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), and to understand how property can become commingled. When property is commingled, it can be difficult to classify, and the court ultimately may need to classify it as marital property that is divisible even if it has some traces of separate or non-marital property. We will say more about property division in order to explain the complications of commingled property. If you have questions, a DuPage County divorce attorney can assist you.

Classifying Marital and Non-Marital (or Separate) Property

The first step in dividing marital property in a DuPage County divorce is for the court to classify all property as marital or nonmarital (or separate) property. Generally speaking, all property acquired prior to the date of the marriage will be classified as separate property and will not be subject to division, while most property acquired after the date of marriage will be classified as marital property and will be subject to division. However, there are some exceptions to the classification of marital property. For example, even though the following types of property may have been acquired after the date of marriage, the court likely will classify these types of property as separate property and will not divide them:

  • Inheritances to only one of the spouses
  • Gifts made to only one of the spouses
  • Property acquired through the use of separate property
  • Property specifically designated as separate property in a premarital agreement

Property Division in Illinois and the Theory of Equitable Distribution

When two married people in Illinois get divorced, the court will divide all marital property according to a theory of equitable distribution. This might include, for example:

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Posted on in Illinois Family Law

IL family lawyerFiling for divorce in DuPage County can be complicated and frustrating when you do not have the help of an experienced lawyer on your side, especially when it comes to the division of marital property. One of the most contentious issues in divorces is property division. Under Part V of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), marital property is divided according to a theory of division known as equitable distribution. This means that all marital property will be divided in a way that the court considers fair—but not necessarily equal—to both parties.

Yet in order to understand how the equitable distribution of marital property might work, it is essential to understand how the court classifies marital property.

Marital Versus Non-Marital Property in Illinois

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Posted on in Illinois Family Law

b2ap3_thumbnail_property-division.jpgWhen you are thinking about filing for divorce in Oakbrook Terrace or another area of DuPage County, you are likely to have many questions about property division. For many members of the Muslim community, issues surrounding property division can be complicated and frustrating given that property division involves more than just financial assets. To be sure, your home, and even valuable family heirlooms, can be subject to division in a divorce proceeding in Illinois.

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), abbreviated as the IMDMA, governs property distribution in our state following a divorce.

Classifying Separate Property and Marital Property

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