Your family home matters to you. When you’re headed towards divorce, you may be wondering what happens to that home. The answer depends on what you and your spouse want, the facts of your case, and the factors the court considers in making a decision. Illinois law protects people and guides decision-making about who gets the family home. An attorney helps guide that process and advocate for your position.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We help you with all aspects of an Illinois divorce, including the allocation of your family home.
Illinois Uses Equitable Distribution, Not 50/50 Division
State law uses an equitable distribution system when it comes to the family home and other assets. This means the court will divide things fairly, but that won’t necessarily be an equal split. The court looks at many different factors when makings its decision, such as:
- Each spouse’s income and earning capacity
- Contributions to the marriage, including homemaking and childcare
- The length of the marriage
- Each spouse’s financial needs
- Whether one spouse will have primary parenting responsibilities
- Any dissipation of assets
The family home is treated like any other marital asset: it must be classified, valued, and divided in a way that is equitable under Illinois law.
Is the Home Marital or Non-Marital Property?
An important question is, who does the house belong to? This means knowing whether the home is a marital or non-marital asset.
The home is typically marital property if:
- It was purchased during the marriage
- Mortgage payments were made with marital income
- Both spouses contributed to upkeep or improvements
The home may be non-marital property if:
- One spouse owned it before the marriage
- It was inherited or gifted to one spouse alone
- A valid prenuptial or postnuptial agreement designates it as separate
However, even if the home started as non-marital property, marital contributions—such as mortgage payments or renovations—may give the other spouse a financial interest. In these cases, the court may award reimbursement or allocate a portion of the home’s increased value.
Determining the Home’s Value
To divide the home fairly, the court needs an accurate valuation. Couples often use:
- Professional real estate appraisals
- Comparative market analyses
- Expert testimony
Common Outcomes for the Family Home
Once you know whether the home is marital or non-marital, and what it is worth, there are several common ways the case could go.
1. One Spouse Keeps the Home
The court may award the house to one spouse. This could be so if the home is separate property, or if marital, to the parent who will maintain the home or parent children there.
To keep the home, that spouse must typically:
- Buy out the other spouse’s share
- Refinance the mortgage
- Show they can afford to pay for it on their own
2. The Home Is Sold and the Proceeds Are Divided
The court may decide the home should be sold. This might be the case if:
- Neither spouse can afford the mortgage on their own
- The equity is needed to pay debts or fund separate living arrangements
- The couple prefers a fresh start
3. Deferred Sale (Common in Cases Involving Children)
In some situations, the court may allow the custodial parent and children to remain in the home temporarily. This arrangement—sometimes called a “delayed sale”—may last until:
- The youngest child graduates high school
- A set number of years pass
- The custodial parent remarries or relocates
When the home is eventually sold, the proceeds are divided according to the divorce judgment.
4. Co-Ownership After Divorce
Much less common is the option to keep owning the home together after divorce. There might be practical or financial reasons for doing so, but this will require very clear agreements about:
- Mortgage payments
- Maintenance responsibilities
- When the home would eventually be sold
Get Help with Your Illinois Divorce and Your Family Home
The family home is a very important asset. Both its financial and emotional value make it a big part of any divorce case. Knowing how to handle any disputes or negotiations is best handled with a skilled divorce lawyer by your side.
At Kulerski & Cornelison, our DuPage County family law attorneys are ready to help. Contact us today for a consultation of your case.