Marital Residence

Chicago Divorce Law Firm Handling Real Estate Division In Divorce 

Illinois real estate division attorneys helping you get your fair share

One of the largest assets of most families is their marital home. Once the divorce case is filed with the court, what happens with this property? What happens to it after the divorce is completed? The Cook County divorce attorneys of M. Scott Gordon & Associates can help you understand your rights in this regard.

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 do not do so unless that party has somehow become a danger or threat to the other party or to the children. Our Cook County divorce attorneys can apprise you of your options if such a situation exists.

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

How can a Cook County divorce attorney help? If the situation is merely uncomfortable, a normal by-product of a divorce proceeding, it would be very difficult to have the other spouse removed from the home. However, if your spouse behaves in a manner designed to exert pressure on you in ways difficult to prove in court, we can help. For example, the most common “low level” form of harassment is verbal, which may include negative comments and insults. Your Cook County divorce attorney should be kept informed of these developments so your rights can be protected. It is possible to have a spouse removed from the home for non-physical, mental abuse, such as verbal harassment.

What happens to the marital residence after the divorce? If the marital residence is marital property, the court has the power to order a property division for this real estate and may do so according to “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 there 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 with the proceeds divided between the parties. It may be possible to reach an agreement regarding property division, alimony and other divorce matters through divorce mediation. Our Chicago divorce mediation attorneys can help guide you through the process and provide a less stressful divorce experience.

Ask a Cook County divorce attorney to help you

You may have a lot of questions regarding your marital residence. Contact the Chicago divorce attorneys at M. Scott Gordon & Associates by email today or call our Chicago office at 847.329.0101 or our Skokie office at 312.360.0250  today. We serve Chicago, Evanston, Skokie, Northbrook, Niles, Glenview and the Cook County area.

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