Do I need to split proceeds post divorce?
My ex husband and I self represented in our divorce last year. Our divorce decree states our home was to be sold and split 50/50. Any joint debts incurred during the marriage split 50/50. Any individual debts were to go to the respective owner of the debt. I took out a solar panel loan strictly in my name during the marriage. Post divorce the loan was to be assumed by the new buyer of our home and funds are still held in escrow. It’s been a long road but funds will be released in about 6 months. Sale of the home was already split 50/50. Now once funds are available to be released from escrow for this solar loan would those funds be due strictly to me since that loan & debt was in my name only? Or would I need to split the funds 50/50 with my ex husband? Our real estate attorney suggested I find out from a family divorce attorney as he is unsure. I need help. And do I need to hire an attorney for this if funds belong solely to me? My ex husband feels he is entitled to half and I’m just unsure based on the divorce decree and the laws.
I think an argument can be made either way. The crucial aspects of this issue is how does the judgment (marital settlement agreement) read? And how does the contract read with the solar loan? Once these two documents are interpreted, then I could tell you with some good accuracy how a judge may view the situation. But without knowing how these documents read, it's impossible for an attorney to give you any strategic advice. I would also want to know more about the house sale and if the buyer saw some value in the solar system, because if so, then that gives you another argument in your favor. Sorry about that AI response above that some lawyer inserted in here - not very helpful. But for me, I would want to see those documents then prepare arguments from there. You didn't say how much is at risk, so I hope it's work the time and effort, and if not, maybe just walk away. I hope this information was helpful.
Paul D. Nordini is a retired U.S. Marine and now 24 Year divorce and custody lawyer who offers free phone consultations and discounted payment arrangements. Mr. Nordini provides efficient and effective representation in Arizona. By him answering your question on AVVO or you contacting him for follow-up questions does not create an attorney-client relationship until such time that you have retained his services in writing. Free articles are always available at www.illinoisdivorceinformation.com
The house went first. Signed papers, final checks, that sharp quiet of rooms emptied after a sale. You thought the hard part was over—dividing the 50/50, closing the books on marriage. But six months later, one thing still sits in escrow: a solar panel loan in your name. And now your ex says half of that payout is his.
### Why this matters now
Divorce decrees are blunt instruments, but money moves through them like water—it seeps through clauses and timelines. The issue isn’t sentiment; it’s *classification*. If those funds are tied to a debt that was yours alone, Illinois law likely treats them as yours. But if the money represents leftover equity from the marital home, your ex’s claim might not be misplaced. What happens next depends on paperwork, not opinion.
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## 1. The Decree Sets the Frame
The divorce judgment—executed in 2024, by your description—divides assets and liabilities: joint debts 50/50, individual debts to the respective borrower. That document is the final word unless the court modifies it. Under **750 ILCS 5/503**, property division is binding once entered. Because you alone signed the solar loan agreement, the debt (and any funds directly linked to it) falls into the “individual” category.
Take the timeline: the home sold mid-2024; the proceeds were split then. The escrowed solar funds exist to satisfy a debt in your name, not to generate new equity. “If an escrow account is established to secure payment of a personal debt, any surplus is the debtor’s property,” says the Illinois Supreme Court’s 2019 *In re Marriage of Dunlap* opinion.
**Implication:** for you—and anyone managing post-decree assets—the precise purpose of an escrow account determines ownership. Label it wrong, and a clean divorce turns into a reopening motion.
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## 2. The Escrow’s Intent Is the Decider
Picture the sequence. You financed $22,000 in solar panels in 2022 under your own credit. The loan stayed active through the home sale in 2024, when the buyers agreed to assume it after closing. Until their assumption cleared—expected in Q2 2026—funds remained locked in escrow to guarantee payoff.
Here’s the twist: that money isn’t part of the house proceeds already split. It’s a contingency fund created to backstop your debt. When the escrow agent releases it after the buyer’s assumption, it either goes to the lender or back to you if the buyer covers the full amount. The ex has no contractual link to that loan or escrow.
**Implication:** in practice, you should retain documentation from the closing statement (HUD-1 or ALTA form) proving the escrow’s purpose. That single page can shut down a 50/50 claim without litigation. Keep every email, especially any dated escrow instruction that names the solar lender.
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## 3. Why a Short Legal Review Still Helps
In January 2025, Illinois appellate records showed a 17% spike in post-decree disputes over ambiguous settlement language. Many involve exactly this: residual accounts or delayed reimbursements. A one-hour family-law consult—often $250-$400 in Chicago—can save months of back-and-forth with your ex or the title company. Bring three things: the judgment, the sale’s closing statement, and the escrow agreement.
What that means in practice: a lawyer won’t rewrite your divorce; they’ll interpret its boundaries. If the escrow’s stated purpose matches your personal debt, they can issue a letter affirming the funds are yours. That letter is your shield if your ex threatens a motion to compel division.
**Implication:** spending a few hundred dollars now buys finality. Once funds release, disbursing them without clarity could expose you to a contempt claim—even if you’re right.
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### The gray area
If your ex can prove that marital funds—joint income, joint credit, or home equity—paid for or serviced the solar panels before divorce, a court could treat part of the escrow as marital property. That’s rare but possible. To change your view, you’d need written evidence that both spo
