Can I Be Forced To Sell Property in My Illinois Divorce?

 Posted on April 07, 2022 in Divorce

Dividing marital property is often one of the most difficult issues an Illinois couple must resolve in their divorce. Deciding what to do with shared assets is not easy, especially when asset division involves complex or valuable real estate. Real estate can be of great sentimental value to one or both spouses and when a couple fails to successfully negotiate an asset division settlement themselves and a court intervenes, the results may be deeply dissatisfying. If you are getting divorced and wondering whether a judge has the authority to divide real estate or require property to be sold in order to satisfy a court-ordered divorce decree, read on. 

Marital vs. Personal Property

Illinois is an equitable division state, meaning that marital property is divided fairly rather than 50/50. Determining what is marital property is usually fairly straightforward. Assets acquired during a marriage are marital property; anything owned by one spouse before the marriage remains personal property. Gifts and inheritances usually remain the personal property of the spouse to whom they were given. While for most couples separating personal and marital real estate is not an issue, the process can be complicated by actions like asset commingling or adding a spouse’s name to a real estate title. 

Can a Judge Force Me to Sell My Property? 

Ideally, divorcing couples will create a property division agreement that satisfies both parties. However, spouses may have to divide the value of jointly owned property in such a way that requires the property to be sold; sometimes there is no other way to make up a spouse’s value in other marital assets. Other times, judges will award an entire piece of real estate to just one spouse and make up for its value by giving the other spouse marital assets of similar value. Judges do have the authority to require spouses to sell real estate, but a good attorney can often help a divorcing couple create a property division agreement that helps them avoid unsatisfactory decisions by a judge. 

Consult with a Skilled DuPage County Property Division Lawyer

Handling matters of property division can be frustrating and confusing. If you are worried about losing personal or marital property in your Illinois divorce, work with attorneys who have experience you can trust. At The Stogsdill Law Firm, P.C., our DuPage County property division attorneys are committed to protecting our clients’ rights and pursuing an equitable property settlement. Call us today at 630-462-9500 to schedule an initial case review. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000