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Non-marital vs. marital assets (property).

Northbrook, IL |

I just got served with divorce papers and my wife is arguing that she inherited property in another country during our marriage, a couple years later, we sold it for another property and she did not put me on the title, so it's all hers. I claim I provided maintenance and paid utility/tax bills on original property with marital assets, we sold it to purchase another property using the original's proceeds where I provided maintenance and paid association/utility/tax bills on this property. All along, she referred to the property as "ours" and always included me in property decision making by saying "we...". What course of action do I have in Illinois courts, especially since this property exists in another country? The current property values from ~ $45k to $225k in 10 years.

Attorney Answers 3


  1. You need a lawyer. This is a complex issues. She MAY very well be able to prove the property is her own non-marital property. However, you MAY be able to prove you contributed to her property and contributed to the increased value of her property. This MAY get you some form of reimbursement. Small details can change the analysis. It sounds like a l lot is at stake. Seek the advice of a good divorce lawyer so you can share all of the relevant details.

    This response shall not be construed as specific legal advice and does not create an attorney-client relationship or privilege. Further, this response is not intended to solicit legal fees.


  2. You do really need a lawyer. She can argue whatever she wants, that doesn't mean she just gets the property as her non-marital property. There are facets of the law that you could employ to argue that the property became marital. This is too complex to go through on here but get a lawyer to protect yourself.


  3. This forum is not to tell you how to handle your case. The set of facts you listed are far too complex to even attempt to figure out here. You need a lawyer. Spending time online searching for answers will only delay the inevitable need to lawyer up.

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