Washington, IL asked in Divorce for Illinois

Q: Will home be considered shared asset?

Married 27 years. Moved in home almost 20 years ago. Home is currently in father in laws name. Husband and I have been paying mortgage directly to father in laws bank account. Both of us have worked and contributed to mortgage and home upkeep and remodeling. Husband is working on refinancing home and putting in his name. We are currently still married. Will home be considered married asset if divorcing?

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1 Lawyer Answer
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: At the best, you have an uphill battle if you hope to establish that the home is a marital asset. Talk in person to an experienced divorce lawyer who can learn more facts from you. It might turn out that you have a claim to reimbursement for the marital funds that were contributed to the home that will soon to be in your husband's name. Maybe even a constructive trust argument.

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