If I buy a house and the mortgage and paperwork are only in my name, does my wife get any part of the house in a divorce?

UPDATED: Oct 1, 2022

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If I buy a house and the mortgage and paperwork are only in my name, does my wife get any part of the house in a divorce?

I’m married now, and Im not going through a divorce but due to my wifes terrible credit the

loan and house will be in my name only. If I buy the house, what happens to it if we get divorced?

Asked on March 25, 2018 under Family Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

So any funds earned during a marriage or property acquired with marital funds is presumed to be marital property regardless of whose name the proeprty is in.  YOU BOTH are buying the house regardless of the fact that only your name is on the mortgage and "paperwork" (which I assume by that you mean deed).  

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