You can be forced to sell your house in an Illinois divorce, but the court is likely to explore other options first. A forced home sale in Arlington Heights would be a matter of last resort. Courts encourage spouses to work together to find solutions to shared property. If your home is not marital property and is yours alone, you should be able to do whatever you want with it. However, do not automatically assume it is yours only, even if it was acquired before marriage.
Divorce lawyers can protect your interests in and out of court. Call The Law Offices of Roger W. Stelk at 847-506-7330 today to talk about your situation.
When Illinois Courts Order the Sale of Marital Property in Divorce
In Illinois, most assets the spouses acquire during the marriage are marital property. This is true no matter whose name is on the title. These assets undergo equitable distribution in divorce, which means fair but not necessarily 50/50 division.
Considerations governing what is fair include each spouse’s contributions to the marriage, to the property, and the overall division of marital assets. Even if one spouse bought the home before the marriage, improvements or mortgage payments made during the marriage may change part or all of it into marital property, affecting its division.
Courts prefer spouses to decide themselves on how to divide the marital home and other assets. If the spouses cannot do this, the courts decide what happens.
Judges typically consider whether one spouse wants to keep the house and can afford a buyout. Otherwise, the court may decide that selling the house and splitting the proceeds is the fairest solution. In other words, a judge might decide that a forced sale of your house in an Illinois divorce is necessary for equitable distribution.
The home sale should occur after the divorce is finalized. In rare circumstances, courts can authorize the sale of assets before a divorce is final.
Factors in Arlington Heights That Influence Whether You Must Sell the Family Home
The average home value in Arlington Heights is $466,880. No matter how much a home is worth, several factors govern whether the court orders the home’s sale.
- Marital vs. nonmarital classification: Only marital property is subject to division.
- Financial capability: The court evaluates who can afford expenses such as mortgage payments and taxes. If neither spouse can manage these, selling may be the only realistic route.
- Child custody: If one spouse has primary custody, courts may order a deferred sale allowing that parent and children to stay in the home for a defined period before the home sale takes place.
- Asset division practicality: Property disputes in divorce are common. Sometimes, selling the house is the most sensible way to allocate equity, especially when other assets do not easily convert to dollar amounts.
Who files first in an Illinois divorce often does not factor into property division. That said, the person who files first could ask for temporary orders that relate to the home and set a positive or negative tone for the case.
How an Illinois Divorce Lawyer Can Protect Your Property Rights
Divorce is tough, and worrying about your home adds more stress. A divorce lawyer can protect your interests in many types of scenarios. For example, an attorney can figure out whether your home is marital or nonmarital and protect your claim accordingly. Also, attorneys can contest unfair appraisals of the house and block attempts to force an early sale.
Your lawyer can negotiate a marital settlement agreement that includes customized solutions, perhaps a deferred sale, buyout, or co-ownership, to name a few possibilities. This approach may give you stability without pushing the court to force the sale of your house in an Illinois divorce.
A marital settlement agreement in Arlington Heights should specify who covers the house expenses and how and when a sale will happen. It should outline refinancing deadlines and penalties if you or your spouse do not meet your obligations.
Meanwhile, if your spouse resists court-ordered sale or refinancing terms, your lawyer can move for enforcement. It might include contempt citations and financial penalties. Lawyers also can help you avoid mistakes. One is to change the locks during a divorce or otherwise restrict your spouse’s access. Illinois law generally requires a court order for these steps.
Only as a last resort should you be forced to sell your house in an Illinois divorce. Contact us at Stelk Law today to discuss other options.
