Thank you, G.
Okay, first of all I am going to assume for the duration of this answer that your name will not be added
unto the property's deed.
Second, understand that property is divided in different ways
in divorce versus probate. So both have to be tackled completely differently.DIVORCE
Under 750 ILCS 5/
, also known as the Illinois Marriage and Dissolution of Marriage Act, anything purchased BEFORE the marriage with his own money would be deemed his property
So technically, if you were to divorce, the home would not be considered part of the marital estate which would then be distributed between the two of you, and would simply go to him directly.
HOWEVER, if you have paid for utilities and improvements to the home, the Court may order him to pay you whatever amount the Judge feels that your contributions have improved the property's value by
. This is at the Judge's discretion.
This remains true even given the time the two of you were together.
Again, this is assuming that he does not put your name on the home, or, there is no pre/post -nuptial agreement in place.PROBATE
Things are different with probate. In probate, he can either have a WILL or not.
If he passes WITHOUT a Will, you would automatically stand to inherit HALF of his estate (see here
). This may or may not include the home - it is at the court's discretion.
If he passes WITH a will, then you inherit whatever the WILL states, OR, you can elect
to inherit HALF of the estate (if he had no children) or ONE-THIRD of the estate (if he did), if he wrote you out of the will at time of passing. In other words, this "widow's elective share" how it is known ensures that you get at least HALF if he had no children, or a THIRD if he did, if he left less than that at time of death. Section 755-5/2-8.
Again, this is assuming that he does not put your name on the home, or, there is no pre/post -nuptial agreement in place.
I hope this helps and clarifies. Good luck.
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