What Happens to the Family Home During an Illinois Divorce?

 Posted on July 18, 2025 in Divorce

The family home can be a contentious part of dividing property during an Illinois divorce. For many couples, the emotional attachment can cause stress and disputes. The first step is to determine whether the home is marital or separate property. An experienced Schaumburg, IL divorce lawyer can help you navigate property division and fight for the best possible outcome for your family home.

Is the Family Home Ever Considered Separate Property in Illinois?

Illinois law under 750 ILCS 5/503 defines marital property as anything purchased during the marriage, regardless of whose name is on the deed. Non-marital property is acquired before the marriage or is classified as a gift or inheritance. However, if non-marital property is commingled, meaning it is mixed with marital funds or jointly titled, it can lose its separate character and become marital property.

More often than not, the family home is characterized as marital property. Under Illinois law, that means it can be divided equitably. However, there are situations where a house might be classified as separate property. For example, if one spouse owned the home before the marriage, it might remain that spouse’s separate property. If you are unsure about the categorization of your home, your attorney can help.

How a Marital Home Can Be Divided in an Illinois Divorce

Statute 750 ILCS 5/503 also dictates that Illinois courts follow the principle of "equitable distribution," which does not automatically mean a 50/50 split. Instead, the court divides property in a way it deems fair, considering various factors.

One possibility is that one spouse buys the other’s interest in the home. In this scenario, the spouse keeping the home refinances the mortgage in their name and pays the other spouse their share of the home’s value. Alternatively, the couple may agree to sell the home and split the proceeds. Sometimes, particularly when children are involved, the court may allow one spouse to remain in the home temporarily until the children are older, after which the home can be sold.

Under 750 ILCS 5/501, Illinois courts can sometimes grant temporary relief, which may include granting temporary possession of the home while the divorce is pending. This helps maintain stability for spouses and children during the legal process.

What Does the Court Consider When Deciding What To Do With the Family Home During an Illinois Divorce?

Illinois courts aim for fair outcomes when deciding what happens to the family home. Judges consider many factors, including:

• The length of the marriage

• Each spouse’s financial situation

• Whether minor children need stability in the home

• Contributions of each spouse to buying or maintaining the property, including non-financial efforts

• Any spousal maintenance awarded under 750 ILCS 5/504

• Whether the spouse keeping the home can afford the payments and upkeep

The court balances emotional ties with financial realities, seeking solutions that avoid burdening one spouse while maintaining fairness and, when possible, stability for children.

Contact a Schaumburg, IL Divorce Attorney Today

Decisions about the family home can be complex and emotionally charged. If you are facing divorce, speak with the experienced Illinois divorce lawyers at A. Traub & Associates for guidance on protecting your rights and understanding the complex laws that govern property division. Call us today at 630-426-0196 and schedule your consultation.