Marital Residence

Marital Residence

The largest or one of the largest, assets for most families is their marital home. Once the divorce case is filed with the court, what happens during the divorce? What happens after the divorce is completed?

It is important to understand that neither party can have the other party removed from the marital residence just because a divorce case has been filed. While Illinois courts have the power to order one party to leave the marital residence, they generally will not do so unless that party has somehow become a danger or threat to the other party or the children.

If there is no threat or danger, but rather the situation at home has become unpleasant and stressful for two people to live together during the divorce, this can be an added incentive to both parties to not prolong the divorce proceeding. However, this right to remain in the marital residence also can be used by one party to badger and harass the other party to either leave the marital residence or settle their divorce case on less than favorable terms.

How can an attorney help? If the situation is merely unpleasant and stressful (which is normal during a divorce proceeding), it would be very difficult to have the other spouse removed from the home. However, there are times when one spouse will behave in a manner designed to exert pressure on the other spouse in ways difficult to prove in court. For example, the most common “low level” form of harassment is verbal; small comments here and there designed to make life for the other spouse untenable. It is important that your attorney be kept informed of these developments, so that your rights can be protected. It is possible to have a spouse removed from the home for non-physical, mental abuse.

What happens to the marital residence after the divorce? If the marital residence is martial property, the court has the power to order the division of the property, including “the desirability of awarding the family home, or the right to live there and for reasonable periods, to the spouse having custody of the children.” Often, the marital residence is the only substantial asset owned by the parties, and it is sold if neither party can afford to buy the other’s share in the home. However, the court can allow the spouse who obtains custody of the children to stay in the house after the divorce, if it does not result in a “hardship” for the non-custodial spouse. If the house is retained for a period of time by the custodial parent, the residence would be sold in the future at a specified time, and the proceeds divided between the parties.

Ask a Divorce Attorney to help you

You may have a large amount of questions regarding your Marital Residence, so contact our Chicago Divorce Attorneys at M. Scott Gordon & Associates by email today or call our Chicago office at 312.360.0250 or our Skokie office at 847.329.0101 today.

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