Property Division
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Barrington Property Division Attorneys

Barrington Illinois Property Division Lawyer

Illinois Lawyers Assisting With Equitable Distribution In Divorce

Property division is often a source of heated arguments during divorce proceedings. Each person wants to ensure he or she gets the piece of the pie he or she deserves. Securing the assistance of experienced legal counsel can aid you in achieving fair division of your marital property.

At Lucas Law in Barrington, Illinois, we help clients throughout the northwestern Chicago protect their interests during divorce and property division. With more than 25 years of family law practice, attorney Joseph M. Lucas knows how to help you achieve your outcome goals.

Call 847-381-8700 For Legal Advice About Property Division

To learn about the laws surrounding the division of community property, contact our office. We offer an initial consultation at an affordable price.

What Is Marital Property?

All property acquired during the marriage, including the house, bank accounts, insurance and furnishings is considered marital property. It does not matter which spouse holds title.

All marital property is subject to division by the court though the division is not necessarily equal. Certain exceptions, such as gifts or inheritance received individually by either spouse or property owned prior to marriage, are considered non-marital if they are kept separate from the marital property. The non-marital property is assigned to the spouse who owns it.

What Is Equitable Distribution?

According to the law, marital property is to be divided "equitably" between the parties. This does not mean property division is 50-50. It means assets are divided in what is determined to be a fair manner.

Recommendations Regarding Property Division

We do not usually recommend that our clients make any major transfers of their assets during the initial stage of the divorce proceedings. The actions you take will set the tone for the entire divorce proceeding. Our experience is that, in most cases, where one spouse unilaterally transfers assets, the other spouse either retaliates in a variety of ways or files an emergency motion with the court, which increases your expenses.

If you believe that your spouse is capable of removing your personal possessions from your home or closing out your financial accounts, you should immediately consult with an attorney to determine the most appropriate way of protecting your assets. Contact us at 847-381-8700 to schedule a consultation.

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