Chicago, IL asked in Divorce for Illinois

Q: I just filed for divorce and I want to purchase a house. Could my ex take the house during the divorce proceedings.

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3 Lawyer Answers
Cheryl Powell
Cheryl Powell
Answered
  • Mt Vernon, IL
  • Licensed in Illinois

A: Yes. Talk to a lawyer.

Brian W. Reidy agrees with this answer

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

A: You have not provided enough facts to allow for an authoritative answer. For example, are you using non-marital funds to buy the home? If you pay $100,000 for the house, and you borrow $100,000 to buy it, then your spouse's claim would be for a percentage of nothing. Generally speaking, however, the new home will likely come into play to some extent.

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

A: Short answer is yes and that anything is "possible." Usually people look at a settlement as a whole instead of each part. For example, if you got the house, maybe the spouse would get more of the retirement funds or cash. It would be best for you to speak with a local lawyer to learn more about your specific needs/wants.

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