who gets the house we purchased 2 years ago together but it's in my husbands name, however we have a 11 year old son together

Your statement that you purchased the home "together" suggests that "marital" or joint funds were utilized to consumate the purchase of the home. In addition, I will assume that you and your husband did not enter into an antenuptial or post-nuptial agreement and the home was purchased during the marriage. Pursuant to 750 ILCS 5/503, "marital property" means all property acquired by either spouse subsequent to the marriage, excepting "non-marital property". Your question does not suggest facts that would support the contention that the home should be deemed non-marital. You appear to have a viable claim that the home be deemed "marital" property notwithstanding the stated fact that the home is in your husband's name. Paul Chatzky, Esq.