Marriage Separation Advice On Dealing With The Marital Home

Question:

I need marriage separation advice about how to handle the marital home.

My wife and I are separating. She does not want the marital home and we cannot sell it. I’ve offered to give her a cash settlement so she would move out into an apartment and I would refinance the marital home in my name only.

I need marriage separation advice on whether this would be a good move for me or if it could come back to haunt me once we actually file for divorce?

Answer:

I am unable to give you marriage separation advice or legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Illinois divorce laws where I am licensed to practice.

You may not want to take any action regarding the residence or make any payments to our wife until a petition for divorce has been filed, and you have a court order entered setting forth this agreement.

This is not to say that you should not support your wife during your separation. However, if you take any action without a court order being entered, you risk that your wife may later try to claim that you did not agree to that arrangement.

If marital funds were used to purchase the house, any equity in the house is marital property, which would be subject to division by the court. If you pay your wife without a court order in place, you risk that you will not receive credit for this payment when the court eventually divides the marital property, or orders spousal maintenance. If you do pay your wife, you should keep documentation of any payments made.

You should contact a qualified domestic relations attorney, such as Cordell & Cordell, for specific marriage separation advice and discuss your options, especially before taking any action regarding the marital home or making any payments to your wife.

This is not to be taken as legal advice on divorce as I have only provided you with general divorce tips for men.

To schedule an appointment with a Cordell & Cordell mens divorce attorney, including Belleville Divorce Lawyer Erin Brockhoff, please contact Cordell & Cordell.