QUESTION
Can my husband take the home that I purchased prior to our marriage just because he make partial mortgage payments?
Asked on May 18th, 2015 on Divorce - Illinois
More details to this question:
I'm thinking about a divorce and I have a will that states my home will go to my children in my time of death. I was told that since I'm married now my husband not my children’s father could make me sell the home instead of leaving it to my boys.
1 ANSWER
If you keep the home in your name and do not do some estate planning, such as a trust, on your death, your spouse is entitled to 1/3rd of your estate no matter what the will says. There are many ways to try to avoid that outcome, in which a competent attorney could assist you. If you do nothing, and remain married, then he can force the sale of the home to give him his third. So you must take the next step.
Answered on May 20th, 2015 at 12:29 PM