When unmarried couples separate, dividing property can become a complicated legal matter. Chicago family law attorney Russell D. Knight (https://rdklegal.com/unmarried-couples-dividing-property-illinois/) provides insight into Illinois laws on property division for unmarried couples in a newly published article, "Unmarried Couples and Dividing Property in Illinois." The article explores how Illinois courts handle these cases and what options exist for couples who have acquired assets together.
Illinois law clearly distinguishes between married and unmarried couples when it comes to property rights. Married couples benefit from laws that categorize assets as marital property, meaning they are divided equitably upon divorce. However, unmarried couples do not receive the same legal protections. As Chicago Family Law Attorney Russell D. Knight points out, "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." Without a legal marriage, the presumption is that whoever holds the property in their name keeps it.
Chicago family law attorney Russell D. Knight highlights a key Illinois Supreme Court case, *Blumenthal v. Brewer*, which reinforced the state's strict stance on property division for unmarried couples. The case involved a long-term same-sex couple who had lived together, raised children, and entered into a civil union once legally permitted. Despite these factors, the court ruled that property division laws under the Illinois Marriage and Dissolution Act did not apply to their relationship, reinforcing that only married couples are granted such rights.
For unmarried couples in Illinois, this legal distinction means they must rely on alternative methods to divide property. Chicago family law attorney Russell D. Knight explains that contracts can sometimes serve as a way for unmarried partners to establish financial agreements. If a couple creates a legally binding contract about property ownership, it can be enforced in court. However, these contracts must be structured carefully. "Couples in a relationship rarely enter into contracts such as these but, if they do, the contracts are probably not binding for the same reason that they are not married," says Knight.
Another potential solution involves oral agreements. If one partner paid the down payment on a home while the other covered the mortgage, courts may recognize an implied agreement. However, proving such an agreement can be difficult, especially since Illinois law requires real estate agreements to be in writing. Additionally, the legal concept of estoppel may apply if both partners made financial sacrifices based on a mutual understanding. Yet, as Knight points out, this is a challenging argument to prove in court.
When a property is held in both partners' names, the process becomes slightly more straightforward. Most couples choose to sell the property and divide the proceeds. However, if one partner refuses to leave, the legal process known as a partition proceeding may be necessary. Russell D. Knight explains that in Cook County, these cases are handled in the Chancery Division, rather than family court. The court typically orders the property to be sold, with proceeds distributed based on each party’s ownership interest. If the couple cannot reach an agreement, the property may be sold at a sheriff’s sale, which often results in a lower selling price.
Chicago family law attorney Russell D. Knight also addresses the topic of gifts exchanged in a relationship. Generally, gifts remain with the recipient, unless there is clear evidence that they were intended to be shared property. This principle applies even when the relationship ends, meaning one partner cannot claim back gifts they previously gave.
For unmarried couples with children, property division remains separate from child-related legal matters. While child support and parenting responsibilities can be determined in family court, property division remains outside the scope of these cases. However, parents can include property agreements within parenting plans, which courts may enforce.
Another important distinction in Illinois law is that the state does not recognize "palimony," or financial support for an ex-partner following the end of an unmarried relationship. Unlike spousal support in divorce cases, there is no legal obligation for one partner to provide financial assistance to the other after separation.
Understanding these legal principles is essential for unmarried couples who are separating and need to determine how to handle shared property. Legal guidance can be invaluable in navigating these situations and ensuring fair outcomes.
For those seeking clarity on property division matters, consulting with an experienced attorney can help determine the best course of action. Chicago family law attorney Russell D. Knight and the Law Office of Russell D. Knight offer insights and legal guidance for individuals facing these challenges in Illinois.
About the Law Office of Russell D. Knight:
The Law Office of Russell D. Knight provides legal representation in family law matters, including divorce, child custody, and property division in Chicago, Illinois. Led by Russell D. Knight, the firm is dedicated to helping clients navigate legal issues with clear and effective solutions.
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