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GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12049
Experience:  Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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My sister lives in Maywood, IL west of Chicago. She has a daughter

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My sister lives in Maywood, IL west of Chicago. She has a daughter who is 38 and a son who is 34. Her son is autistic and she will need to provide for him all of her and his life.
She bought a house around 1992 and pays the mortgage on it. In 2007 she married her long time boy friend and they have lived in her house since then.

She has never put his name on the title to the house because she knows that when she dies her daughter will take care of her brother and the house will help in doing that.

Her husband has never paid the mortgage, but he has help pay bills and take care of the lawn and other things around the house. He has always wanted my sister put his name on the title but my sister has not done that because her son's future has always come first. He has never offered to pay the mortgage or purchase a new home.

She is now thinking about divorcing him and she has heard from some friends of her's that even though his name is XXXXX XXXXX the title, Illinois law say he should get some of the equity in the house because they are married.

My questions to you are:
1). Does he have rights to any of the equity in the house?
2). If there is no equity in the house, what then?

Thank you Richard
Hello, My name is XXXXX XXXXX I'll be helping you resolve your matter.

Please remember there may be a delay as I may be helping other customers.

Assets such as the house purchased before the marriage is pre-marital property and not subject to division. However, if the house increased in value during the marriage the increase is a marital asset and he would be entitled to 50% of the increase in the value of the house during the marriage. If there is not equity in the house, then he has no claim to anything concerning the house. It is only if there is an increase in value during the marriage. I hope this helps clarify.

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