I’ve spoken to my lawyer, but I’m unsure if their advice is accurate.
I’m going through a divorce, separated for a few months, and we’ve split up our assets. We own a home together, and I want to use my equity to buy my next place. We’ve appraised the house and agreed on a value, so everything is set there.
The issue is that my lawyer says I cannot buy a new home without it being considered marital property until the divorce is finalized. We haven’t filed anything yet. My lawyer is working on the parenting and financial agreements and said we need to submit them along with the Petition of Dissolution of Marriage. Only after that can a court order ensure the new property won’t be considered marital.
Here are my questions:
Is this legitimate advice?
Why is my lawyer insisting everything be filed together? Can’t we file the Petition of Dissolution first, then worry about the parenting and financial agreements later?
My soon-to-be ex-wife’s lawyer says I can buy a house whenever I want, which adds to the confusion.
Should I find a new lawyer, or is there a reason for filing everything at once that I don’t know about?
I’m currently living in the marital home and want to move out, but I’ll be able to make a cash offer on a condo with the equity from the home. Paying $24k for a year’s rent doesn’t make sense when I could use that money to buy a place.
I’ve been through this in a different state, but maybe the rules are similar.
Your lawyer is right. You can’t get a dissolution without a parenting agreement in place, and courts typically won’t split the steps. You need everything filed as one comprehensive agreement, which can take time (9+ months or more).
As for buying a house while separated, technically, you could include a division of assets agreement that covers the new house. But that doesn’t stop it from being considered marital property, which can complicate things, especially if issues arise later (like repairs). Most people wait until after the divorce is finalized to avoid risks.
Both lawyers are correct, but buying a house during separation adds risk. I’d recommend renting temporarily, even though it’s not financially ideal.
Your lawyer is right. Illinois isn’t a community property state, but anything bought during the marriage is considered marital property unless you have an agreement or court order. Trying to separate it later could get expensive.
Your lawyer’s advice is sound. Once you file, things get more complicated, which can drag out the process and create more drama. Filing everything together reduces the chance of disputes. It’s better to wait and have everything in order.
Trust your lawyer. Don’t buy anything of value until the divorce is finalized. Her lawyer wants you to buy the house now because it benefits her. Stick to your lawyer’s advice.
Your lawyer is protecting your interests. Her lawyer is advising based on her best interest, not yours. If you’re really unsure, consult with another lawyer, but trust the one you’re already paying unless you have a good reason not to.