06-24-2007, 05:19 PM
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Senior Member
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Join Date: Nov 2006
Posts: 462
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Quote:
Originally Posted by soonermark
My wife an I have been married for approximately 10 years. We live in Illinois and we bought a home with my inheritance prior to use being married. Unfortunately we signed the papers as husband and wife and she used my last name. My wife does not and has not worked since we have been married and only has a rent house as a source of income. However her income is placed into her bank account. Recently I discovered that 21K was missing from a joint account that my retirement has been deposited into. Upon questioning her she said she moved it to her personal account to invest in both of our names. I told her to put it back and instead she changed the PIN on the account so I can't access it by telephone. If we get divorced and I can prove that the home was purchased with my inheritance that was received prior to our marriage, will she be entitled to half of the property? And would the 21K issue be good grounds for divorce, considering she did not discuss it with me prior to moving the money, nor has it been invested or placed back into the account it came from?
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Illinois is a non-community state, but considered an equitable distribution one. Typical procedure is to consider all property acquired during the marriage and to equitably divide it among the parties. That won't happen until the divorce action is filed. You may want to contact an attorney experienced in marital asset division to discuss the particulars; I would suggest you maintain careful records now of any marital assets now in the hands of anyone except yourself. I also wouldn't hold off on making that telephone call any longer than you have to. That reason alone doesn't meet current Illinois standards for divorce, but it is definitely a concern.
Good luck.
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Can she get half of my property???
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