Chicago, IL asked in Divorce for Illinois

Q: After several decades of marriage, my spouse and I are taking a one month break from each other.

s there anything I should get signed so when I move out nothing happens to my possessions is that one month? Also, that I can come back after a month?

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2 Lawyer Answers
Brian W. Reidy
PREMIUM
Brian W. Reidy
Answered
  • Orland Park, IL
  • Licensed in Illinois

A: Your house is "marital property," which means you both have equal rights to it and the items within the house. If there is anything irreplaceable (for example, something with sentimental value that cannot be replaced), you should have a discussion with your spouse about that specific item. If your spouse does not object, take that item with you when you leave. Otherwise, anything can be replaced and it is not worth arguing over. Hopefully this time away will bring you closer, and you can work through the problems.

As for coming back in a month, you have the right to move back in if the house was purchased during the marriage. There are a few items missing in your question so this answer must be somewhat vague. To be certain, you may want to speak with a lawyer so that he/she can understand your specific facts and provide specific answers.

J. Richard Kulerski
J. Richard Kulerski
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: Photograph the contents of the residence, and take all precious items of yours with you (i.e., your mother's favorite dish, your irreplaceable tools, golf clubs, etc.). You CAN return to the home after a month unless and until she gets a court order giving her exclusive possession of the home.

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