Helpful Articles
Who Gets the House When Purchased Prior to the Marriage?
When a house was purchased prior to the marriage and only in one person’s name, that house is typically non-marital and it’s equity not subject to division in a divorce, but not always.
There are many exceptions.
In Illinois, when a house was purchased prior to the marriage, but in contemplation of the marriage, you can argue that the house is marital and subject to division no matter who is or who is not on the Deed. In fact, most Judges will find such houses as a marital asset when purchased close to the marriage. How soon prior to the marriage works best for this argument? Glad you asked.
In all the cases that I’ve argued this point, if the house was purchased 6 months prior to the marriage, almost always Judges have found the house to be a marital assets. Usually because when it’s purchased within 6 months of the marriage, the spouses not on the deed was usually heavily involved in the selection of the realtor, selection of the house, sometimes the spouse is the one that found the house, involved in the closing, and moving into the house. Therefore, marital and subject to division.
Between a year and six months, Judges have gone both ways. You really have to look at all the facts and circumstances. But if the house was purchased a more than 6 months from the date of the marriage, it is somewhat of a roll of the dice, but not impossible.
Paying for material improvements on a house after the date of the marriage, can often times offer a spouse a way to pull the otherwise non-marital house into the division category or to allow a spouse to seek the increase in value of the home.
Illinois statute, specifically 750 ILCS 5/503(a)(8), notes that there are circumstances where property that would be otherwise be non-marital property can be “deemed” to be marital.
The bottom line is that there are many circumstances where purchasing the house prior to the marriage with only one spouse on Deed, does not automatically exclude the house from being divided. There are all sorts of arguments and circumstances that could be made to push an otherwise non-marital house into the marriage and subject to division. Hence, why talking to an experienced lawyer is essential when anticipating a divorce or maybe your in the middle of your case and your lawyer isn’t looking at the nuances of the law.
If you are in a situation where you or your spouse purchased the house prior to the marriage, and want to know how to best approach this issue, please contact me. You can reach me on my cell phone at (630) 306-6300 or email me at: paul@paulnordini.com
You can read other and similar articles on my webpage at http://www.paulnordini.com
Wishing you all the best in your case, Paul D. Nordini.
