Who Gets the Family Home in My Chicago Divorce (With Children)? Find Out about Property Distribution Basics in Chicago Divorce Cases Here

For many Chicago couples that are facing the Chicago divorce process, dividing up the family’s property can be one of the most emotionally and financially challenging aspects of the process. Things can be even more complex and difficult when children are involved. In Chicago, under Illinois marriage and divorce laws, the question of “who gets the house” in a divorce is not as simple as it may seem. Indeed, in many cases, it is not just about who paid for it or whose name is on the deed of the home. Instead, Chicago courts typically take a broader, more equitable approach to property division in a Chicago divorce. Of course, there are additional considerations for the court to take into account when children are part of the picture.

In sum, determining who gets the home in a Chicago divorce case can be a tricky question, especially when children are part of the case. To help Chicago couples and individuals better understand the basics of property distribution in Chicago divorce cases, we discuss some of the considerations a Chicago divorce judge may take into account when dividing property in a Chicago divorce case here.

Factors That are Considered in the Equitable Distribution Process

The State of Illinois follows the principle of “equitable distribution,” which means that while courts aim to divide marital property up fairly, it may not always work out to be an equal division between ex-spouses. Illinois laws establish which factors a Chicago divorce judge may look to when dividing up marital property in a Chicago divorce case. These factors include things like the duration of the marriage, the contribution made by each spouse to the acquisition of the property in question, how long the marriage lasted, and the financial circumstances of each spouse. Importantly, if the family home is classified by the court as marital property, it will likely be subject to this property division analysis. However, if the family home is classified as non-marital property, the court may not divide it between soon-to-be ex-spouses.

Special Considerations in Chicago Divorce Cases – Dividing Up the Family Home When Children are Involved 

When children are involved, the court may take that fact into consideration when dividing up the family home. Under Illinois laws, Chicago courts typically take into account the “best interests of the child,” in many aspects of a Chicago divorce case involving children, and one of those areas may be who gets the family home. For example, if one parent is awarded custody of the children, and the family home is classified as marital property, a Chicago judge may rule that the custodial parent should remain in the home, at least temporarily.

There is no doubt that Chicago property division laws are complex, and  it is best to speak with an experienced Chicago divorce lawyer about your case if you are interested in finding out who may get the home, or any other property, in your Chicago divorce case. The experienced Chicago divorce lawyers at the law firm Arnoux Sharma Standeford, LLC are here to help individuals in Chicago with their divorce matters. Contact Arnoux Sharma Standeford, LLC today and speak to a lawyer about your case now.

Source:

ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7