${site.data.firmName}${SEMFirmNameAlt} Main Menu
Call Today: 855-805-0595

Maintaining separate property during marriage can be complex

18148501_S.jpgFor Illinois couples going through a divorce, property division can be complicated. However, thinking about property ownership can be just as important for people starting a marriage, even if it is unpleasant to consider ending a marriage before it begins.

A prenuptial agreement can address questions of marital property and delineate exactly which property is subject to division after a divorce or even death. In addition to a prenuptial agreement, however, maintaining accurate and precise records to establish the independent nature of some property can also be important. This includes property that belongs to one party before marriage or assets that came through a gift or inheritance during the marriage.

If one spouse wants to retain separate property that is legally recognized as such, keeping it separate is also critical. This means not commingling the property such as by depositing inheritance money in a joint account or adding a spouse to the title of a separately-owned premarital property.

When separate property increases in value, that increase may be considered part of the marital estate even when the underlying asset is not. This is especially true if active steps are taken, like remodeling or managed investing, to further enhance the asset's value. The same is true of businesses, where a spouse's contribution to the project can help to boost its value.

In Illinois, marital property is distributed according to a principle of equitable distribution, in which a court will seek to derive a fair settlement of property rather than a direct 50 percent split. People who are working to protect their property during divorce can work with a family law attorney who can represent a spouse's interests during property division and work to secure a just settlement.

No Comments

Leave a comment
Comment Information

Contact Our Team To Get Help Now

Tell us about your case and we’ll get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Stange Logo

Stange Law Firm, PC
115 Lincoln Place Ct.,
Se. 101
Belleville, Illinois 62221

Toll Free: 855-805-0595
Fax: 314-963-9191
Law Office Map

DHQ | Divorce Headquarters Divorce
Headquarters ® App Download The App
Questions? Live Chat Pay Your Bill Online
States of Service

Other Office Locations

  • Saint Louis County: 120 S. Central Ave., Suite 450, Clayton, MO 63105: Clayton Office
  • West County: 16024 Manchester Rd., Suite 103, Ellisville, MO 63011: Ellisville Office
  • Jackson County: 256 NE Tudor Rd., Lee's Summit, Missouri 64086: Lee's Summit Office
  • Jefferson County: 16 Municipal Drive, Suite C, Arnold, MO 63010: Arnold Office
  • St. Charles County: 2268 Bluestone Drive, St. Charles, MO 63303: St. Charles Office
  • Franklin County: 5 S. Oak St. Union, MO 63084: Union Office
  • Lincoln County: 20 Centerline Drive, Troy, Missouri 63379: Troy Office
  • Boone County: 1506 Chapel Hill Rd., Suite H, Columbia, MO 65203: Columbia Office
  • Greene County: 901 E. St. Louis, Suite 404, Springfield, Missouri 65806 Springfield, MO Office
  • St. Clair County: 115 Lincoln Place Ct., Ste. 101, Belleville, IL 62221: Belleville Office
  • Madison County: 5 Club Centre Ct., Suite A, Edwardsville, Illinois 62025: Edwardsville Office
  • Sangamon County: 400 S. 9th St., Suite 100, Springfield, IL 62701: Springfield Office
  • McLean County: 1012 Ekstam Drive, Suite 4, Bloomington, IL 61704: Bloomington Office
  • Johnson County: 7300 West 110th Street, Suite 560, Overland Park, KS 62210: Overland Park Office
  • Sedgwick County: 2024 N. Woodlawn Street, Suite 407, Wichita, Kansas 67208: Wichita Office
  • Monroe County: 116 W. Mill St., Waterloo, IL 62298 (by appt. only): Waterloo Office
  • St. Louis City: 100 S. 4th St., #549, St. Louis, MO 63102 (by appt. only): St. Louis Office
  • Jackson County: 2300 Main St., #948, Kansas City, MO 64108 (by appt. only): Kansas City Office

The choice of a lawyer is an important decision & should not be based solely upon advertisements. See additional disclaimers here.