QUESTION

What are my rights if he put in our pre-nuptial agreement that the house is not marital which I signed?

Asked on May 09th, 2014 on Divorce - Illinois
More details to this question:
I live in Illinois and have 3 kids from previous marriage. My husband owns the house that we live in together with my children. They live there full time. He is threatening to divorce me and kick me and the children out.
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2 ANSWERS

It states that he owns the house, but did he own it before you were married? Need more information to see if the pre-nupt, at this portion, would be invalid. If he did own the house before knowing you, he may have a leg to stand on, but again, not enough information here to determine.
Answered on May 16th, 2014 at 11:40 AM

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If you were represented in the negotiation of the pre-nup and all of the assets were disclosed, then the pre-nup would probably be valid. Even without a prenup, if the house was owned by him prior to the marriage., it is not marital property. Only if there has been a very long term marriage and marital funds were used to pay the mortgage as well as any improvements might there be an argument ( not to say it would win) that the property has been transmitted into marital property.
Answered on May 12th, 2014 at 9:17 AM

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