FAQ Videos

Can I Get My Down Payment on Our Marital Home Back When We Divorce in Illinois?

DuPage County Divorce Attorneys Help Explain Dividing Marital and Non-Marital Assets

Dividing your property and assets back to you and your spouse during a divorce can be quite challenging. One example on how to receive that money back would be if you were to have a written agreement with your spouse. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help look over your case and explain some other plans of action to try to get your money back.

If you were to use your pre-marriage earned money towards a home with the intention of it being for you and your spouse, it could prove difficult to get those funds back. If you and your spouse do not have a written agreement stating in specifics regarding your money, the chances may be slim.

However, there are some other ways to see if your money can be given back. For example, if the money that you used as a down payment on your house was kept completely in your own name and not jointly with your spouse. In that case, the money will most likely be treated as a gift towards the marital estate. This will lead to the amount hopefully being divided equitably by the court because Illinois distributes assets in that fashion and not equally.

Contact Our Wheaton IL Divorce Lawyers

Our team at Mirabella, Kincaid, Frederick & Mirabella, LLC has been taking on cases that pertain to these exact types of circumstances for decades. If you have questions in regards to your particular situation, please contact our office to set up an appointment with one of our attorneys to help you right away. The phone number for our office is 630-665-7300, and on occasion, we can provide free initial consultations. If you are in Kane, DuPage, or Kendall County, do not hesitate to reach out. We can provide information on recovering pre-marital funds or other questions that you have in the divorce process.

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1737 South Naperville Road, Suite 100
Wheaton, IL 60189
630-549-0960
Evening and weekend hours by appointment.

We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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