The main role of the court in a divorce case is to divide the couple’s assets and debts and to declare each former spouse legally responsible for some of them. Family law judges have seen it all in terms of the items that couples fight over in divorce; judges have had to make decisions about memorabilia, hunting trophies, musical instruments, and even pets, but in the eyes of the court, all of these things just count as stuff. The only possession that is truly unique is the marital home, the one that serves at the couple’s primary residence at the time that they file for divorce since it determines the children’s school district and the couple’s ability to commute to work. If the couple owns other real estate properties, then the court only thinks of them in terms of their value, the costs associated with them, and if applicable, the income they generate. If you and your spouse have reached an impasse about which of you should keep your vacation home or another real estate property other than your primary residence, contact a Rolling Meadows property division lawyer.
If you and your spouse bought the vacation home during your marriage, it is marital property. This means that it belongs to both of you, regardless of which of you contributed more of your income or inherited wealth to buy it and regardless of how much or how little time each of you spends there. If the vacation home is marital property, the court must decide which spouse gets to keep the marital home after a divorce and assume responsibility for its property taxes and other expenses.
If you bought the vacation home before you married your spouse, then it is your separate property. The chances are good that the court will award the vacation home to you, but you may need to pay your ex-spouse a share of the amount that the property’s value appreciated during the marriage.
If the vacation home is marital property, there are several possible outcomes on which the couple can agree during mediation or which the judge can decide at trial. For example, if one spouse keeps the vacation home, they will probably have to buy out the other spouse’s share or else grant the other spouse another valuable piece of marital property in exchange. If the couple owes a mortgage on the vacation home, the spouse who keeps it will need to refinance for a mortgage that is solely in his or her name.
In many cases, neither spouse can afford to keep the vacation home, even with a refinance. When this happens, the couple must sell the vacation home and divide the proceeds according to percentages on which they agree or which the court decides.
A family law attorney can help you persuade the court to award you possession of your vacation home or a cash amount equivalent to your fair share of its value. Contact Andrea Heckman Law in Rolling Meadows, Illinois, to discuss your questions about your divorce case.
Walked in just for consultation, and in less than 45 days, my case was closed! Thanks to attorney Andrea Heckman, with all her passion and professional manner! Couldn’t be happier! Thank you so much for everything! Great attorney for all family needs! Thank you.
From the moment I walked in as a client to the end when everything was complete, I was very pleased with attorney Andrea Heckman, her knowledge, and professionalism! Her whole staff was always helpful. I would use them again if needed and refer them to everyone I know! Thank you.
Andrea Heckman has been my attorney helping/guiding/advocating for my children and I regarding my custody situation. We are in the process of working towards a more equal parenting schedule, and I have faith in her efforts and expertise to accomplish this.
I have used this office since 2018 and have nothing but excellent things to say. Andrea Heckman handled my divorce with no faults. Andrea is currently handling my child custody case and has been on top of everything! Andrea Heckman is an unstoppable force, and I would recommend her to anyone!
I could not ask for a better attorney to represent me during my case which is Andrea Heckman. Anytime I had any questions, I got a response in a timely manner. Andrea walked me through a very difficult time which was a divorce/child custody case. Andrea is very knowledgeable and motivating. The staff has been nothing but welcoming and professional. If I have to go to court for anything, I will definitely be giving this firm a call again.
Heckman Law is handling my divorce/custody. Andrea is very professional, knowledgeable, and responsive. She will take the time to answer and explain any questions you may have. She usually responds within a few hours. Honest about possible outcomes, whether it’s good or bad news. My ex doesn’t want to negotiate or cooperate with anything. Andrea is willing to fight in the courtroom for you. The case is ongoing.
I was represented by Andrea Heckman, and if it wasn’t for her, I would have been so lost. She guided me through my difficult situation. Some lawyers are about money. I knew that Andrea cared about me and my situation.
Ms. Heckman is a great lawyer. She helped me get time with my daughter when my ex was being nasty and refusing to let me see my baby. I thank her for all her hard work.
Ms. Heckman managed our parents’ will and advanced care planning documents expeditiously, skillfully, and with compassion during a stressful situation. We referred her to a family member for divorce with child custody issues, and she was pleased enough to refer her to 2 others for divorce services. A true professional.
Please contact our law office in Rolling Meadows for legal assistance with divorce, child custody, or visitation issues. We serve clients in the Chicago metropolitan area who need the help of an experienced and dedicated family law attorney.