Marital Property Division
Experienced Central Illinois Marital Property Division Attorneys
Property division is one of the most fiercely fought issues in divorce proceedings. Issues can arise regarding whether certain property is marital or non-marital, as well as equitable distribution of marital property.
Basically, all property acquired by either spouse after the marriage, but before divorce is presumed to be marital property. This presumption can be overcome by showing that the property in question meets certain exceptions which qualify the property as non-martial. These exceptions include property obtained by gift or legacy, property obtained prior to the marriage or property excluded by a valid agreement of the parties.
Illinois Divorce Courts must award each divorcing spouse their non-marital property. The court must then divide martial property between the spouses in just proportions, without regard to martial misconduct, pursuant to the Illinois Marriage and Dissolution Act. The Courts have authority to enforce their judgments regarding marital property and order the sale of marital property, then dispense the proceeds of the sale.
Contact Koepke & Hiltabrand to assist you with your divorce related property issues.