Chicago Divorce Lawyer Russell Knight Explains Exclusive Possession Of The Marital Home In An Illinois Divorce

January 26, 2022 at 18:56

Chicago divorce lawyer Russell Knight explains how an exclusive possession of the marital home in an Illinois divorce ( The lawyer mentions that it is a challenging time when a couple is living together while being on the verge of a divorce. After a divorce is finalized, one of the spouses will have to move out of the house.

According to the Chicago divorce lawyer, “During the pendency of an Illinois divorce either party can ask an Illinois divorce court to evict the other party from the home. There must be an allegation that the “physical or mental well-being of either spouse or his or her children is jeopardized” in order for an Illinois divorce court to evict a spouse in such a summary fashion.”

Chicago divorce lawyer

The lawyer also explains that the court will evict the spouse who will have a better chance of not having a hard time after moving out. The spouse who is caring for the children for the majority of the time will likely be granted exclusive possession of the marital home, regardless of whoever owns the home.

Attorney Russell Knight also explains that when awarding an order of protection, an Illinois divorce court can award exclusive possession of a home. Once an order of protection is granted, the court will have to balance the hardships of both spouses and consider the special needs of their children, if they have any.

Once the divorce is finalized, the marital properties will be allocated and settled. A property will be considered marital if it was acquired before the marriage. Therefore, if the home was owned by one spouse before the marriage and remained under their name for the entirety of the marriage, they will most likely be awarded the home post-divorce.

Furthermore, attorney Knight says, “So, an Illinois divorce judge may be inclined to award one party the entire marital home, especially if the parties share children. Illinois divorce courts are allowed to award an entire home to a single party without an equal split of the net assets.”

Lastly, the divorce attorney emphasizes the importance of seeking the guidance of a skilled divorce lawyer when settling marital properties. Having an experienced lawyer may be able to help the client understand what their rights and responsibilities are when it comes to divorce and property allocations.

About The Law Office of Russell Knight

The Law Office of Russell D. Knight was established in 2009 by the family law attorney Russell D. Knight. The lawyer’s love for family law is demonstrated by the numerous articles personally written by the lawyer. Russell is a licensed lawyer throughout Florida and Illinois. The attorney has a legal practice in both states and employs an entire staff of paralegals and attorneys in the two states of Chicago, Illinois, and Naples, Florida. Contact them today at (773) 334-6311.


For more information about Law Office of Russell D. Knight, contact the company here:

Law Office of Russell D. Knight
Russell D. Knight
773 334 6311
1165 N Clark St # 700, Chicago, IL 60610, United States


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