Legal Question in Family Law in Illinois

marital property

I have been married to a man for 35 years. When we had already been married for 10 years, his mom gave us the old home place 7 here. could even live in it as it was so run down. In the 26 years we have been here, we have added on the whole back part of the house because of my daycare business that I have had here the last 23 years. The deed was just put in my husbands name only. He walked out almost 3 years ago and filed for divorce right away but we are now just in the process of it. I have a daughter who is 32 by him who is mentally handicapped. He is fighting me over the house. We haven't been to court over the assests or anything yet but my attorney told me he didn't think I had a good chance in getting the house since my name is not on the deed. I was wondering what the law is concerning this. The house was not willed to my husband. His mom lived a long time after she gave us the house. this. I can't leave my daughter by herself and as the disease progresses, she will need me more. I have my business here that I have had here for 23 years so that I can be home and it is set up for my daycare business. Any help you can give me would be much appreciated. Thank you,--name removed--


Asked on 12/18/03, 6:50 pm

1 Answer from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: marital property

I don't understand why your attorney thinks that is the case. It doesn't matter - if the property was acquired after you were married, it is marital property - you having a daughter who is reliant on you and your business being run from the house probably even helps you more - you need a new attorney if he/she cannot fight for you.

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Answered on 12/19/03, 12:01 pm


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