Tuesday, 19 August 2014

does a wife have dower rights in the home of that in the husband's name during a divorce

Question

does a wife have dower rights in the home of that in the husband's name during a divorce



Answer

No there is no such thing as dower in Illinois., They have homestead rights,



Answer

Rather than delve into obscure areas of ancient common law, you may be better served by reviewing the Illinois Marriage and Dissolution of Marriage Act (IMDMA), and those provisions addressing marital property. In essence, it does not matter in whose name the propety is titled. To the contrary, the question is whether or not it was purchased during the marriage. If so, it is probably considered property of the marriage and both spouses would have a legitimate claim to an equitable portion.



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