Can I Keep the House in an Illinois Divorce?

 Posted on April 23, 2025 in Property Division

For many people, the family home is more than just real estate – it represents belonging and stability and houses many nostalgic memories. If you are going through a divorce and hope to keep your home, you are not alone. Whether this is possible depends on several legal and financial factors, including how Illinois courts handle the division of marital property.

An experienced Naperville, Illinois divorce attorney at Law Office of Ronald L. Hendrix, P.C. can help you understand your rights, evaluate your financial position, and advocate for a property division agreement that protects your interests. Attorney Hendrix deeply understands both the legal and emotional aspects of dividing the marital home in a divorce. As a court-appointed mediator with a Master's degree in guidance and counseling, he offers a compassionate and strategic approach to every case.

Is the Home Considered Marital Property in Illinois?

The first step in determining whether you can keep the home is establishing whether it is marital property. In Illinois, marital property consists of most assets obtained during the marriage. Even if the home is in your name alone, it may still be subject to division if it was purchased during the marriage. 

Some homes are considered non-marital property, such as those you inherited, received as a gift, or owned before the marriage. However, if marital funds were used to pay the mortgage or improve the home, the marital estate could have a right to be repaid for some of those contributions.

Will Having Children Affect Who Gets the Marital Home in 2026?

If you and your spouse have minor children, the court will prioritize their well-being. The court will consider the children’s need for stability when deciding what happens to the family home. This could include awarding the home, or the right to live there for a period of time, to the parent with whom the children primarily live, though this is not a guarantee.

That does not mean your spouse will receive nothing in return. Illinois uses a system of equitable distribution, which aims for fairness – not necessarily a 50/50 split. If you are given the home, your spouse may receive other marital assets, such as a larger share of retirement accounts, vehicles, or investment property.

What Other Factors Do Judges Consider When Deciding Who Keeps the Marital Home?

Parenting time is only one factor among many in deciding who gets the house. Illinois judges look at several factors listed in state law when dividing marital property (750 ILCS 5/503(d)). These include the length of the marriage, each spouse's contribution to the property, and each spouse's financial situation. A judge can also look at each spouse's age, health, job, and ability to work.

In addition, a judge can consider obligations from a prior marriage, the terms of a prenuptial agreement, and whether one spouse wasted marital funds during the breakdown of the marriage. Tax consequences of the property division are also part of the analysis. No single factor decides the case, and judges can weigh these factors differently based on the situation.

Can You Afford the Marital Home on Your Own?

Even if the home is marital property and the court finds it appropriate for you to keep it, your ability to afford it matters. You will likely need to take full responsibility for the mortgage, property taxes, insurance, and upkeep. In many cases, you will need to refinance the home in your name alone. This removes your spouse from any financial liability moving forward, but not all lenders will approve a solo refinance, especially if household income is significantly reduced after divorce.

What Are Your Options for Buying Out Your Spouse for the Marital Home?

If the home has equity, you may be able to buy out your spouse’s share. Two common ways to do this are:

• You refinance the mortgage in your name and pay your spouse his or her share of the equity.
• You keep the home and give up other assets of similar value as part of the overall property division agreement.

Your divorce attorney can help you evaluate the best approach, taking into account your financial goals and long-term stability.

Do You Need an Appraisal to Divide Your Home in the Divorce?

An appraisal of the home is not required in every divorce, but it is common. Before the equity can be divided, the home needs to be valued. Equity is the current value of the home minus the mortgage balance and any other liens. If the two of you already agree on a figure, the court will usually accept it.

Disputes over value are where an appraisal becomes useful. Many couples hire one licensed appraiser together and split the cost. Others hire separate appraisers, which can lead to two different numbers and more expense. A real estate agent can provide a market analysis for less money, but that estimate carries less weight in court. The date of the valuation can affect the number as well, so timing deserves attention.

Do You Have to Refinance the Marital Home After a Divorce?

Refinancing is not automatic, though it is often the practical result. A divorce judgment can require one spouse to transfer ownership of the home to the other, often through what is called a "quitclaim deed." That deed changes the title, but it does not touch the mortgage. If both spouses are on the mortgage, the divorce itself does not remove either person from the loan. Both remain responsible until the loan is refinanced, paid off, or assumed by one spouse if the lender allows it. A divorce judgment does not change the original loan agreement with the lender.

This is why many judgments set a deadline to refinance. If the spouse keeping the house cannot qualify alone, the judgment may require a sale instead. Some loans allow an assumption, which can be cheaper than a full refinance. Missed payments on a joint loan can damage the credit of both former spouses. Clear language in the judgment about deadlines, payments, and what happens if the refinance falls through can prevent a costly fight later.

Contact a Naperville, IL Asset Division Attorney Today

Keeping your home in a divorce is possible, but it requires careful planning and legal strategy. At Law Office of Ronald L. Hendrix, P.C., our Will County, IL divorce lawyer will help you understand your rights, assess your financial options, and work toward an outcome that supports your future.

Call 630-355-7776 today to schedule your free consultation and take the first step toward protecting your home and your peace of mind.