If you are preparing to divorce your spouse, you may be wondering, “Who has to leave the house in a divorce in Illinois?” During a divorce, people naturally have strong feelings about who gets to keep the house and who has to leave while the divorce is finalized. There are many factors that can determine who stays in the home and who leaves.
There is a common misconception that one spouse has the right to force the other out during a divorce. The spouse who files for divorce is often the one who wants the other to leave the home. Emotions are understandably high during family court proceedings, and the idea of cohabiting during a divorce may seem unthinkable to one or both parties.
Illinois state laws only allow the courts to intervene in cohabitation matters when one spouse poses a danger to the members of the household. Short of evidence that one partner is a danger, decisions on cohabitation are left to the spouses to decide.
Before filing for divorce, both parties should have realistic expectations about what the courts can and cannot become involved in. The focus of the courts is primarily on the equitable division of assets and property. It will also establish custodial rights for both parents if the marriage includes children.
The most common situation where one spouse leaves the home is when they do so voluntarily. Depending on the financial resources of the family, the spouse may rent an apartment or stay with a friend or family member during the divorce. In some cases, this can lead to a more harmonious situation for children, especially if there are high levels of animosity between the parents.
There are exceptions where one parent is found to be a physical danger to their partner or their children. Domestic violence is often one reason why a judge may issue a protective order against one parent that may restrict them from entering their former home. With the help of a family law attorney, the spouse who believes that they are in imminent danger can request a court-ordered protective order. This stipulates what the other partner can and cannot do.
When there is no evidence that one spouse is dangerous, there may be few methods of compelling one spouse to leave the home during a divorce. If your living situation is a serious concern, you can discuss the matter with your family law attorney to see what solutions may be possible. Your attorney may work with your spouse’s lawyer to find a suitable living arrangement for both parties.
Illinois is an equitable divorce state for the division of the home. During a divorce, the courts will require spouses to divide property, assets, and debt into marital and nonmarital property. If the home was purchased and paid off during the marriage, the courts will view the home as belonging equally to both spouses.
If one spouse wishes to keep a home, one option could include trading assets of equal value in exchange for the other spouse’s claim to the home. One spouse may take out a loan or refinance the home under their name and use the proceeds to pay their spouse for half the value of the home. Ultimately, both spouses will need to agree on who retains ownership of a home, possibly through mediation.
Short of an agreement, a judge may order that the home be sold and the profits divided between the spouses. In other cases, both spouses may agree that selling the home and dividing the profits is the most workable solution.
A: Illinois is an equitable distribution state, and its laws do not favor either spouse based on gender when dividing assets in a divorce. When one party had an unfavorable experience during a divorce, the most likely reason is that they did not have an experienced family law attorney. A family law attorney protects the rights of their clients while advocating for their interests and goals.
A: There are no predetermined outcomes in a divorce case. During a divorce, the courts can only become involved in who gets the house if one spouse is found to pose a serious danger to the other spouse or children. During the divorce process, both spouses will have the opportunity to work together to come to an agreement about who keeps the home. If they cannot do so, a judge will ultimately decide the matter for them.
A: The man will likely forfeit an equitable share of the marital estate during a divorce. There is a perception that the man always loses more in a divorce than his wife, but state laws do not make preferences between genders. One way you can protect any assets that should lawfully remain yours is by hiring an experienced family law attorney to protect your rights and interests.
A: In most cases, no spouse is required to leave the home, although some will leave voluntarily. The courts will only become involved in those decisions when one spouse poses a serious danger to people living in the home. Outside of court intervention, the spouses will have to decide who leaves the house or doesn’t.
If you have concerns about your spouse staying in your home or who keeps the home following a divorce, our law firm can help. The team at Vahey Law & Mediation, LLC, is client-focused and detail-oriented. We have assisted many clients in navigating complex and emotionally challenging divorces.
Our firm understands that your home is one of your most valuable assets. We can work with opposing counsel to come to an agreement about cohabitation during the divorce and who keeps the home following a divorce. Our priority is always serving your interests. To schedule your divorce consultation, contact our office today.
