Who decides what is marital and what is separate property, and what if one spouse doesn’t agree?

By Chuck Roberts
September 20, 2016

The determination, ultimately, if the parties are unable to work it out, is going to be made by the court. Many times there are single items of property that we are unable to reach an agreement on. And so, rather than have to put the whole marital estate and non-marital estate before the court, it may be limited to one or two items. Sometimes that situation can arise and situations where perhaps someone has inherited some funds, and those inherited moneys are commingled with other joint bank accounts, or monies used to improve property that belongs to one spouse before the marriage.

There are different issues that arise, but the ultimate determination here has to be made by the judge. The vast majority of those items can be worked out before we ever get to the point of being in court, but if we’re unable to do that, that’s what the judge is there for.

Chuck Roberts is a family lawyer at Momkus McCluskey Roberts, LLC, one of the largest law firms in DuPage County, Illinois.

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September 20, 2016
Categories:  FAQs

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