Belongings acquired by one partner by bequest or descent can current complicated concerns through the dissolution of marriage proceedings inside Illinois. Usually, property acquired by one social gathering as a present or by testamentary disposition is taken into account non-marital. An instance contains funds acquired from a deceased relative’s property by one partner through the marriage.
The characterization of such property is critical as a result of solely marital property is topic to division between the events. Understanding the particular nuances of how these property are handled is essential for guaranteeing equitable outcomes in divorce settlements. Historic authorized precedent in Illinois establishes that such property, if stored separate and never commingled with marital funds, sometimes stay the separate property of the receiving partner.