Dividing a House in a Divorce When Only One Spouse Owns It

 Posted on July 17, 2025 in Division of Property

In Illinois divorces, one of the most complicated and emotional issues involves dividing the family home, especially when the house is titled in only one spouse’s name. Many people assume that if their spouse owned the house before marriage, they have no claim to it. However, Illinois law does not always treat premarital property as completely untouchable.

Courts apply equitable distribution rules to the asset division process, meaning property is divided fairly based on the circumstances of the marriage. Whether you have a claim to the house often depends on your financial and non-financial contributions during the marriage. Our Arlington Heights, IL divorce attorney can discuss your case in greater detail in a free consultation.

When Is a House Considered Non-Marital Property?

Under 750 ILCS 5/503, property owned by one spouse before marriage is generally classified as non-marital property. This means that the spouse who owned the house keeps it after the divorce. For example, if a husband bought a home in Arlington Heights five years before marrying his wife, and she moved in after their wedding, the house would typically remain his separate property.

However, this is not always the end of the analysis. Illinois law recognizes that contributions made during the marriage can change how a court views that property.

Contributions That Can Create a Marital Interest in a Home

If the non-owner spouse contributed to mortgage payments, paid property taxes, or invested in significant renovations, they may have a valid claim to a portion of the home’s value. For instance:

• A wife moves into her husband’s home after marriage. She helps pay for a major kitchen remodel and contributes to monthly mortgage payments for 10 years. Even though her name was never added to the title, she will have a strong argument that the court should consider the increase in the home’s value during the marriage as part of the marital estate, of which she owns a portion.

• A husband moves into his wife’s townhouse. Over several years, he uses his own income to pay property taxes and helps fund an addition that significantly increases the property’s value. If the couple divorces, he could argue for reimbursement or an equitable share of the increased equity.

These claims are complex and often require a detailed financial analysis to separate marital contributions from non-marital ones.

Prenuptial Agreements and Property Division

If the spouses signed a prenuptial or postnuptial agreement addressing the home, the court will typically enforce that agreement unless there are grounds to challenge it. Without such an agreement, Illinois courts have broad discretion to determine whether and how the non-owner spouse should be compensated for their contributions.

Determining whether you have a claim to a house titled in your spouse’s name depends on careful documentation of your financial contributions and the home’s appreciation during the marriage. An experienced divorce attorney can help you gather evidence, work with appraisers, and present a strong case for your share of the equity.

Contact a Rolling Meadows, IL Property Division Lawyer

If you are divorcing and concerned about your rights to a home owned by your spouse, speak with an Arlington Heights, IL divorce attorney at Law Offices of Donald J. Cosley. We offer free consultations and provide direct access to the attorney handling your case. Call 847-253-3100 today to protect your financial interests.