What Happens to the Family Home in an Illinois Divorce?

 Posted on May 06, 2025 in Division of Assets

The division of assets is a common concern during divorce proceedings, especially if you have been married for a long time and have obtained a large asset portfolio. For most couples, the home is the most valuable property, and no definitive rule determines what will happen to it during asset division. If you have questions or concerns about the division of property, a Naperville, IL divorce attorney can offer experience and advice, working with you to find a comfortable solution to asset division.

Who Will Get the House in an Illinois Divorce?

When asset division is determined by the court, several factors will influence what happens to the home in an Illinois divorce. For example, if you have small children who still live at home, the standard for determining who gets the house would be what is in the children’s best interest, according to Illinois law. Often, it will go to the parent who has the most parenting time.

When children are not part of the equation, the court considers who wants the house. Because a family home is typically marital property, there has to be a way to divide it equitably. For example, if you want it, you will need to compensate your spouse for it. If your spouse wants the house, they will have to compensate you for your share. Sometimes, both parties want it, or neither party wants it. Each situation has a solution, and some are more complicated than others.

Should You Just Sell the Family Home?

Sometimes, selling is the best option. Typically, spouses will choose to sell when neither one wants to keep the house or when neither can afford to buy out the other’s share. Often, couples maintain the family home with two incomes, and keeping it with one income would be too expensive.

Some advantages of selling the home include:

• You may be able to leave the marriage with a significant amount of cash.

• Both of you can start fresh in a new home.

• There will be no contention about one person "winning" over the other.

• It relieves you of a heavy financial burden.

Keep in mind that selling can be a lengthy process, and it is sometimes not the best option if you have children, even if you would prefer to sell. Additionally, closing costs, repairs, and other fees can significantly decrease profits.

How Does a House Buyout Work in an Illinois Divorce?

As previously mentioned, you always have the option of buying out your ex’s share of the home. Once the home’s value is determined, you would, in theory, pay your ex half the value or allow them to keep it and pay you. The advantage is that it saves you sales costs and is a faster solution than selling. An experienced attorney will handle much of the process to make it easier for you.

Call a Naperville, IL Divorce Attorney for a Free Consultation Today

Figuring out what will happen to your home during a divorce can be mentally, financially, and emotionally challenging, especially when the divorce is contentious. At Pesce Law Group, P.C., we have represented families through a range of family law issues and have experience fighting for our clients’ best interests. Call 630-352-2240 to speak with a knowledgeable DuPage County, IL asset division lawyer today and find out what could happen to your home during divorce proceedings.