People are getting married a lot less lately….or at least getting married a lot later. It’s not uncommon for unmarried couples to not only live together but to buy homes together. What happens when an unmarried couple buys a property and then breaks up? Does either party have a claim to the property they bought together or property they bought individually while they were not married to each other? What are the rights of unmarried couples in Illinois? Illinois law treats property acquired by people who are married as marital property. That is, if two people get married and then earn and keep some asset, property or money, that asset, property or money will be divided equitably between them both. If you’re not married, the Illinois statute doesn’t say anything. So the presumption is that whoever has the property in their name or possession gets to keep that property in their name or possession. The Illinois statute treats Illinois unmarried couples and their property the same way it would treat two strangers or two close friends and their property…as completely separate non-joint parties. You’re Not Married Until You’re Married. When the Illinois statute doesn’t say something or the Illinois statute is outdated or contextually wrong, the Illinois courts can step in and make a ruling that defies the statute. But, they rarely do. One particular Illinois supreme court case underscores how Illinois is so committed to keeping a strict distinction between the married and the unmarried. Two women, Ms. Brewer and Ms. Blumenthal, lived as a married couple for years. They clearly would have been married had it been legal to enter into a same-sex relationship. They lived together. They had children together. When civil unions finally became legal in Illinois, the two women immediately entered into a civil union. If any unmarried couple had the right to have their property declared as “marital” and thus be divisible between the two, it was Ms. Brewer and Ms. Blumenthal. The Illinois Supreme Court was not moved by their story. “Since marriage is a legal relationship that all individuals may or may not enter into, Illinois does not act irrationally or discriminatorily in refusing to grant benefits and protections under the Marriage and Dissolution Act to those who do not participate in the institution of marriage.” Blumenthal v. Brewer, 69 NE 3d 834 – Ill: Supreme Court 2016 So, now that you […]
from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/unmarried-couples-dividing-property-illinois/
No comments:
Post a Comment