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Ronald L Bell & Associates

Libertyville Divorce Lawyer, Lake County

Former Assistant Attorney General

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Illinois Property Division Law…What is Considered Marital Property?

You are here: Home / Property Division / Illinois Property Division Law…What is Considered Marital Property?

September 30, 2015 by Law Offices of Ronald L. Bell

When contemplating divorce, many questions arise regarding the division of property. The state of Illinois is an equitable distribution state so marital assets are divided fairly and equitably, rather than a straight 50/50 division. Marital property is generally considered all property acquired by either spouse after the marriage ranging anywhere from homes, vehicles, and furnishing to bank accounts, pension or retirement plans,and stock.

Some property may not fall under the category of marital property and is, therefore, not subject to property division. Non-marital property includes property acquired prior to the marriage or may include property acquired by gift, legacy or descent to one spouse regardless of marital status. It may also be property acquired in exchange for property or gifts acquired prior to the marriage. If a prenuptial or premarital agreement exists, property may be excluded as marital property by the terms of the agreement and, of course, property acquired after a judgement of legal separation would not be included in the marital pot.

If the value of the non-marital property increases during the marriage there is generally no consequence in terms of being included as marital assets. However, if income is derived from the non-marital property attributable to a spouse’s effort, it may be included in the division. Furthermore, if non-marital property of any kind is commingled with marital property it may be transmuted to marital property. Because the conditions for transmuting property are complex, it is advisable to seek expert legal counsel to avoid unintended results.

Category iconProperty Division Tag iconIllinois divorce lawyer,  transmutation of non-marital property

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1113 S. Milwaukee Ave. Suite 204
Libertyville, IL 60048
Phone:  847-495-6000
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Ronald L. Bell & Associates P.C. represents clients in Libertyville and throughout Northern Illinois, in areas including Chicago, Naperville, Vernon Hills, Gurnee, Barrington, Buffalo Grove, Deerfield, Fox Lake, Grayslake, Highland Park, Bannockburn, Lake Bluff, Lake Forest, Lake Villa, Lake Zurich, Lincolnshire, Lindenhurst, Mundelein, Waukegan, Zion, Crystal Lake, River Woods, Deer Park, Round Lake, Palatine, Rolling Meadows, Inverness, Prospect Heights, Arlington Heights, Schaumburg, Lake County, Cook County, McHenry County, Dupage County and Kane County.

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