Property Division Attorneys

Lawyers for Division of Assets in Wheaton, Glen Ellyn, Downers Grove, and Nearby Areas

Illinois is an equitable distribution state with regard to marital property division and distribution. Equitable distribution, however, does not necessarily mean that property is divided equally amongst former spouses. Rather, equitable distribution means that if the former spouses cannot decide how to distribute the property themselves post-divorce, a court will divide the property in a manner that it deems fair and equitable.

Once a spouse files for divorce, Illinois courts routinely enter an order 'staying' disposition or sale of marital property without the other spouse's consent (or the court's consent).

If you are involved in an Illinois divorce proceeding where marital assets are involved, the division and distribution of those assets will likely be a part of your divorce case. The experienced attorneys at Nigohosian & Dahlquist, P.C. can help you finalize the distribution of your assets post-divorce. Our respected divorce and property division attorneys will assist you with drafting a Marital Property Distribution Agreement, or, if necessary, litigating a marital property dispute in court.

Illinois Statutory Definitions of Marital and Non-Marital Property

In Illinois, all property acquired by either spouse after a marriage has taken place — but before a decree or judgment of divorce has been entered — is usually deemed marital property. Marital property also typically includes property transferred between spouses over the course of a marriage.

In contrast, separate property, or individual property, is owned solely by one of the spouses to the marriage. Examples of separate property include the following:

• Gifts or inheritances made to one spouse during the marriage
• Property excluded from the marital estate via a prenuptial agreement or other valid contract
• Property acquired by one spouse before the marriage took place
• Increases in value of any type of non-marital property over the course of the marriage
• Income from non-marital property earned over the course of the marriage
• Property acquired by one of the spouses after a Judgement of Legal Separation was entered

Contact a Wheaton Property Division Lawyer

Marital property division can become an issue when spouses have acquired homes, cars, antiques, and other high-value assets over the course of their marriage. At Nigohosian & Dahlquist, P.C. we are ready to assist you with your case today. As experienced divorce and property division attorneys, we will work with you to craft an enforceable Property Distribution Agreement, or, if necessary, will represent you in court to ensure equitable distribution of the marital property.

We represent residents of Glen Ellyn, Downers Grove, Hinsdale, Lisle, Darien, Naperville, and all of the surrounding areas. We also assist clients with divorce and property division cases and disputes in Kane, Kendall, Will, and Cook Counties. To schedule a consultation with one of our skilled attorneys, call us at 630-462-0610 or contact us online.