Legal Question in Family Law in Illinois

I purchased a three flat 13 months ago, using an annuity account I earned before my marriage. If I divorce will she get a portion of the building? We will be married 7 yrs on October 8th.


Asked on 10/03/18, 2:09 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

How is title held? Assuming you have a mortgage,how has it been paid? These facts effect the response. If it is in both your names, the money was in effect gifted to the marriage. The law presumes anything bought during a marriage is marital property. It might be argued, which a chance of success, that if all the funds from the three flat are used to operate the building and no marital funds were used that it was and is non-marital property, but that is an expensive and difficult to prove position to take.

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Answered on 10/03/18, 2:22 pm


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