Waterloo, IL asked in Divorce and Land Use & Zoning for Illinois

Q: If I buy land but don't want my husband to take it from me in divorce can I gift it to my children or otherwise save it?

I'm not even sure divorce is the answer for me but I don't want my kids and I to be left with nothing and I feel like he would do his best to leave us begging for air. If I bought land with my own savings could I gift it to my children so that he couldn't take it but the kids (and I) could still use it? (As in to live on later)

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

A: You mention using your own savings. If the savings came from money earned during the marriage, then it would not be your savings, it would be marital savings. If you bought land with it, the land would be a marital asset and therefore subject to division at the time of divorce.

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