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My husband owned the home before we met in 2002. I moved in with him 6months after we met to help him him financially when he lost his job then. We s j ared n paid the Bill's/mortgage 50/50. We got married in 2004 shared the Bill's till 2011when I asked for divorce. He never added me on the house documents to date.. We are still living together n I want to know if I have a right to the house too as his legal wife.
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Hello, Anonymous.
The answer is that you probably do.
In Illinois, non-marital property, which the house would be since he owned prior to the marriage, can become marital property when and if it is co-mingled with marital property.
For example, if the house was refinanced and both of your names were put on it, then it becomes marital property. If marital assets were used to pay off the mortgage or other fees and expenses for the house, then it probably becomes a marital asset. Essentially, when marital assets are co-mingled with non-marital property to the point that they become indistinguishable, then it is usually considered marital property.
Obviously, if he doesn't agree to this, then it is up to the Judge to decide. It sounds like you have a pretty good case that the house should be considered marital property, but the Judge would have the final input on whether or not it is, so I can't say for certain.
I hope this helps.
Answered on Jul 20th, 2015 at 8:11 AM