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Though the term non-marital property often refers to any personal or real property owned prior to, and brought into the marriage, it can also refer to things such as inheritances and gifts made to only one spouse.
Marital Property and Separate Property in IllinoisMarital property includes most assets and debts a couple acquires during marriage. Property is separate if a spouse owned it before marriage or acquired it during marriage by gift or inheritance.
: not of, relating to, or occuring within marriage or the married state : not marital nonmarital childbearing nonmarital cohabitation nonmarital sexual relations.
Marital, or community property, is defined as assets and debt newly acquired during the marriage, either jointly or by one party, other than by a gift or inheritance to one spouse. Nonmarital, or separate property, are the assets and debts owned prior to the marriage that remain unchanged.
Illinois is not a community property state, and everything from money to assets and estate acquired during the time a couple was married is presumed to be part of the marriage. However, what is considered as equitable may vary in different cases based on their unique circumstances.
Illinois law about possessing the marital home There are two ways that a person can force his or her spouse to leave the marital home in Illinois. A person can file a petition for exclusive possession of the home under the Illinois Marriage and Dissolution of Marriage Act.
Related Content. Property that is unlikely to be shared between the parties on the breakdown of the marriage or civil partnership unless it is required to meet needs. Generally non-matrimonial property is: Acquired by one party before the marriage.
Only marital property is divided during an Illinois divorce. Marital property generally includes property obtained by either spouse during the marriage.For example, if a spouse receives an inheritance from a relative during the marriage, those funds are typically considered separate property.
Couples who established bank accounts after the marriage began must divide these accounts equally when seeking divorce. Specific accounts that contain marital funds are the marital property of both parties.Meanwhile, couples who each own separate property keep their specific accounts or property.