Illinois Non-Marital Real Estate is a type of real property owned by an individual in the state of Illinois that is not related to any form of marriage or domestic partnership. Non-marital real estate includes real estate owned by an unmarried individual, by a business, or by an estate. It does not include real estate owned by a married couple, even if one of the spouses holds title to the property. The most common types of Illinois Non-Marital Real Estate are: residential real estate, commercial real estate, industrial real estate, agricultural real estate, and vacant land. Residential real estate includes single-family homes, condominiums, townhouses, duplexes, and multi-family homes. Commercial real estate includes office buildings, shopping centers, restaurants, and other retail spaces. Industrial real estate includes warehouses and manufacturing facilities. Agricultural real estate includes farms, ranches, and other land used for agricultural purposes. Vacant land includes undeveloped land that is not currently being used for any purpose.
Illinois Non-Marital Real Estate
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FAQ
In Illinois, non-marital property refers to assets owned by one spouse individually. These assets are not subject to division during divorce proceedings. While marital property is divided equitably between both parties, the non-marital property remains with the spouse who owns it.
Illinois is not a community property state, so the marital property laws do not apply when a spouse dies (only for divorce). Each spouse is considered to own the assets that are titled in his or her name.
Typically, the surviving spouse ultimately will inherit the property, however the surviving spouse must enter probate proceedings in order to gain control of the home or property before they are allowed to sell the home.
There is no hard and fast rule as to who gets the home in an Illinois divorce. Generally, if there are minor children, then the spouse with the majority of parenting time will typically get the house. The other spouse will then be compensated for their share of the house in other ways.
Is a house owned before marriage marital property in Illinois? Because property acquired before the marriage is non-marital property, a house owned before the marriage may not be marital property. However, if a non-marital asset is commingled, it will become marital property.
What is considered non-marital property in Illinois? Non-marital property is anything excluded from the marital estate. Some common examples of non-marital property are inheritances, gifts, and premarital assets. However, as explained above, non-marital assets can become marital assets if they get commingled.
Spouses have the same rights as single persons to individually own, buy, sell, and give away property.
In Illinois, non-marital property refers to assets owned by one spouse individually. These assets are not subject to division during divorce proceedings. While marital property is divided equitably between both parties, the non-marital property remains with the spouse who owns it.