Law Offices of Robert M. Kaplan, P.C.

How does the name the property is titled in effect my property division in my divorce or legal separation?

Illinois does not base property division on how an asset is titled. Assets that are acquired during the marriage are presumed to be marital property subject to division in your divorce. For example, if you purchase a home in your spouse’s name only, you have equal rights to that asset as part of your property division. Also, if all of your retirement is held in your name, but it was all saved during the marriage, your spouse has equal rights to that retirement asset as well.