Would I Have to Move Out of My Home During a Divorce?

 Posted on February 27, 2023 in Divorce

During a divorce, one can expect their life to change in many ways. As you end your legal relationship with your spouse, you will need to make adjustments to your spending to ensure that you will be able to cover all of your expenses, and your daily routines will most likely change as well. However, you will usually want to make these changes on your own terms, and you may be looking to ease into your new life gradually. This may be difficult if you will be required to find new living arrangements, and you may be concerned that you could be forced to move out of your home while you are still in the midst of the divorce process. By understanding the divorce laws in Illinois, and the ways Illinois courts handle these situations, you can protect yourself against the unexpected, and make plans for how matters will be handled as you dissolve your marriage.

Equitable Distribution Laws

Illinois law states that marital property should be divided equitably, but not necessarily equally, between you and your spouse during your divorce, and this could include your home and other assets of significant value. As you negotiate a property division settlement with your spouse, you can address who will retain ownership of the home post-divorce. Depending on the overall circumstances, the financial resources available to each party, and each party’s ongoing needs, either spouse may be awarded sole ownership of the home, while the other party may receive other assets that have a similar value to the equity in your home. Alternatively, the parties may decide to sell the home during the divorce process, which will require both spouses to find new living arrangements. If the parties cannot reach an agreement on their own, then the judge in your case may decide who will own the home, or whether it should be sold.

In some cases, one party may be allowed to remain in the home for a certain amount of time before being required to move out, because the house is being sold, or because the other spouse will now be becoming the sole owner. If you and your spouse have children, making agreements that allow for gradual changes to your lives can help minimize disruption during the transition period your family is going through.

Possession Orders

In some cases, a spouse may ask the court to grant them exclusive possession of the family home. If the judge grants this request, the court may issue a possession order that would require the other spouse to move out and find new living arrangements. This type of order is typically issued when one spouse feels unsafe living with their partner, or has reason to believe that continuing to live together in the same home would not be in the best interests of the family.

If you are involved in a contentious divorce, a request for a possession order may be made, and you may need to determine how to respond to such a request from your spouse. However, if moving out would place you in a difficult position, where you would struggle to meet your own needs, you may be allowed to stay in your home if you can demonstrate that you can continue to live there without exposing your children to conflict or other issues that could affect their safety or well-being.

Ideally, you will want to discuss this subject with your spouse and attempt to work out arrangements where one or both of you will be able to move out on your own terms, without causing unnecessary financial difficulties. If an agreement cannot be reached, however, then you and your attorney will make an argument to the judge that your continued residence in the home will not be harmful to your children, and you can present your plan for establishing new living arrangements in the future when you have sufficient financial means to do so.

Contact Our Hillside Property Division Attorney

While you will usually be allowed to continue living in your home during your divorce until you are ready to move out, you may need to address a request by your spouse for exclusive possession or similar requests during the divorce process. To ensure that you will be able to address these matters correctly while protecting your rights, your financial interests, and your relationship with your children, it is important to make sure you are represented by a skilled, experienced family law attorney. At Law Office of Vincent C. Machroli, P.C., our Oak Park asset division lawyer can help you understand the best ways to deal with disputes related to your home, and to seek to resolve matters related to property division, while also advocating for your interests in all other areas of your divorce. To get the legal help you need in these situations, contact our office at 708-449-7404 and schedule a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm

https://www.ilga.gov/legislation/ilcs/documents/075000050k501.htm