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Can husband kick me & 2 kids out of our marital home because it was a pre marital asset?

Burr Ridge, IL |

An OOP against my husband expires 10/31/12. I filed for divorce and have exclusive possession of the home and children. I have lived in this home for 12 years but married for 8 yrs 10 months. I signed a document waiving my homestead rights 4 years ago so that we could refinance. The house then went into an estate planning revocable trust in his name.

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Attorney answers 5


do a motion to extend the order of protection.

your order of exclusive possession is good until the divorce case ends.

the judge has to decide if the house is marital or your husband's non marital property. if non marital, you will have to leave. if marital, if you want it, you may have to buy him out.

go see a lawyer. give all the info and papers to the lawyer to get real advice.


Make sure you maintain exclusive possession of the residence during the pendency of your divorce. Ask that the OP be extended. The issue of whether the residence must be deemed non-marital will be addressed during the divorce and if awarded ti your husband, you may have to leave, but if you have an interest in the home, despite the trust and your having waived homestead right, you may have to buy out his interest.

It is assumed you have an attorney. If you do not, you need one immediately. If you need the name of an excellent attorney in Burr Ridge, contact me privately.


His "premarital" asset couold now be a marital asset. You could have more rights to the house than your husband would have you believe.The waiver of homestead does not hurt your position.

Consult with a lawyer.


The court continues to have jurisdiction over the home and who lives in the home. It makes a lot of sence to get a dissolution of marriage action on file. This give a divorce court the authority to deal with the OP questions, exclusive possession and all other issues related to your broken down marriage. Consult an attorney to get this going preferably in in DuPage. You would be much happier conducting the proceedings in DuPage County.


Why don't you have an attorney? I mean really -why don't you have an attorney?

George S. Frederick

George S. Frederick


By the way the answer is yes, he can kick you and the kids out of the house if you don't have a lawyer.

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