Can I Keep Family Heirlooms During My Illinois Divorce? | Lombard Divorce Lawyer
Button 1 Button 2 Button 3 Button 4 Button 5 Button 6
Mevorah & Giglio Law Offices
630-932-9100
Menu
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

NAPERVILLE

1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000

ST. CHARLES

555 S Randall Rd, Suite 101, St. Charles, IL 60174

Phone: 630-410-9176

Can I Keep Family Heirlooms During My Illinois Divorce? 

Posted on in Family Law
  • Font size: Larger Smaller
  • Print

b2ap3_thumbnail_shutterstock_609555482-min.jpgOne of the most difficult and heart-wrenching parts of a divorce is figuring out whether your beloved family heirlooms may be in danger of being included in the asset division process. Sometimes items that have been handed down through generations can be of great monetary value - jewelry, furniture, collectibles - and other times, these items are of great sentimental value. 

Fortunately, there are certain steps that individuals can take to protect their family valuables during a divorce. A qualified Illinois divorce attorney can help people considering marriage understand how to protect their assets preemptively and can also help those considering divorce create a plan to protect important assets during property division. 

Consider a Prenuptial Agreement

Prenuptial agreements may have a reputation for existing exclusively in the realm of the rich and powerful, but this is simply not the case. They are valuable legal instruments that, if drawn up correctly, can protect the individual property of anyone getting married. Even if family heirlooms are not of particularly great value, a prenuptial agreement can state that all personal property that was owned before the marriage by one spouse will remain the exclusive property of that spouse after divorce. 

Asset Division Without a Prenuptial Agreement

Without a prenuptial agreement classifying property as marital or non-marital, any property that either spouse owns must be determined to be either personal or marital property. Marital property is subject to division, while personal property is not.  

Property that one spouse owned before getting married is usually considered personal property, although certain behaviors - such as mixing that property with marital property - can make it become marital property. Any property acquired by either spouse during the marriage, except for property inherited or received as a gift, is generally considered marital property. 

If a family heirloom was previously owned by a spouse before getting married, or if it was gifted to a spouse during the marriage, it will likely remain the property of that spouse. If there is any question whether the gift-giver intended the gift to be for only one spouse, an affidavit from the donor can illustrate their intent. 

If all these measures fail, keep in mind that marital property must be divided. Spouses can negotiate with each other to reach an agreement that allows each partner to keep things that are important to them. Mediation or collaborative divorce can help spouses negotiate fairly and avoid unnecessary hostilities. 

Consult with a Bloomingdale, IL Asset Division Lawyer

Although the prospect of dividing your assets in a divorce can be daunting, it does not have to be impossible. At [[title]], we understand how important it is to protect your precious family belongings and will work tirelessly on your behalf to ensure you obtain a fair division of marital property. We offer free initial consultations in our five conveniently located offices. Schedule a meeting with one of our experienced Lombard, IL divorce attorneys today. Call us at 630-755-6426. 

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000 

 

Latest Blog Posts

Archives

  • DuPage County Divorce Lawyers
  • Elite Lawyer
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers
  • Better Business Bureau

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.
*
*
*

One Stop For All Your Legal Needs

630-932-9100Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah & Giglio Law Offices can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah & Giglio Law Offices to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted