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Buyer Beware: Are You Making It Marital?

In some instances, one party purchases a home prior to the marriage, titling it in his or her own name and paying with his or her separate funds. However, in some jurisdictions, the purchaser,may be invoking a major exception to the general rule that property one acquires before marriage is "non-marital" property.

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Now more than ever, couples live together and share finances before marriage as a means of testing the waters of their relationship prior to making a permanent commitment. Some couples even purchase homes prior to their marriage. In some instances, one party purchases the home, titling it in his or her own name and paying for the home with his or her separate funds. In doing so, the party may believe that the property will remain separate non-marital property in the event of divorce. However, in some jurisdictions, including Illinois, unbeknownst to the purchaser, he or she may be invoking a major exception to the general rule that property one acquires before marriage is “non-marital” property.

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