Experienced Central Illinois Marital Home Attorneys

The marital home is, in most divorce cases, the most valuable asset within the martial estate.  It is often a major point of concern during the division of martial assets.  There are many factors that come into play regarding which spouse will have possession of the property during the pendency of the divorce and which spouse will retain ownership of the property following the divorce.  The attorneys at Koepke & Hiltabrand can assist you in protecting your interests in the marital home during your divorce proceedings.

Temporary Possession

A common question in the early stages of divorce cases is whether one of the spouses may have sole possession of the marital home while the divorce is pending.  In some cases, a spouse may be awarded sole temporary possession. The Illinois Marriage and Dissolution of Marriage Act (herein “Act”) provides that the courts can evict a spouse from the marital property and award temporary exclusive possession of the property to the spouse requesting relief during the pendency of the divorce proceedings. 

The court may take this action only in cases where the physical or mental well-being of the spouse or the children is jeopardized by occupancy of the marital residence by both spouses. More than mere stress on the part of spouses and children is required to justify awarding temporary exclusive possession of a martial home.  Additionally, the entry of such an order will not affect any estate in homestead property of either spouse.

Division of Martial Property and Awarding the Marital Home

The trial courts divide marital property, including the martial home pursuant to the Act.  The division must be equitable in nature, but not necessarily mathematically equal.  There is no guarantee that either spouse will be awarded the property if the home has been deemed marital property.

The value of the marital home and other marital assets (for example: cars, savings accounts, etc) are often weighed and apportioned between the divorcing spouses so that the distribution is equitable.  The courts also may consider which parent will be the custodial parent in awarding the marital residence in an effort to provide continuity in the children’s environment.  The courts also may order the sale of the marital residence and divide the proceeds at the court’s discretion.

Contact Koepke and Hiltabrand to address any questions you may have regarding your divorce issues and protection of your interest in the marital home.