Can I Be Forced to Sell My Home in an Illinois Divorce?

 Posted on June 29, 2025 in Divorce

Most people are aware that divorcing couples need to divide their assets, but if you have never been divorced before, it can be hard to imagine everything that entails. Splitting money in a shared account and dividing stocks and bonds might seem straightforward, but when it comes to deciding what to do with your home, it can quickly become much more complicated. 

You may feel strongly about keeping your home, especially if your children have grown up there and you are their primary caretaker. Unfortunately, a judge can force you to sell your home during divorce, even if you object. Illinois courts have broad authority to divide marital property in whatever they consider to be a fair way. That includes ordering the sale of the home, if that is the fairest way to divide assets between spouses. To understand more about what might happen to your home in a divorce, speak with a qualified Chicago, IL divorce lawyer who can answer your questions and offer valuable insights.

When Can the Court Order a Divorcing Couple to Sell Their Home?

Under 750 ILCS 5/503, divorcing couples need to reach a resolution about how they will divide all property that was acquired during their marriage. If you and your spouse cannot agree on what to do with your house, the judge will consider several factors to help make a decision. The court may order you to sell the house if:

• Neither spouse can afford to keep the home as an individual.

• There are not enough other assets to compensate your spouse and offset you keeping the home.

• One spouse wants to sell the house to liquidate their share.

• The home needs to be sold so you and your spouse can achieve an equitable division of marital property.

Sometimes, courts delay a sale if the custodial parent has minor children living in the home. Keeping children in a stable environment is always prioritized, but that does not guarantee that the custodial parent will automatically keep the house long-term.

What if I Want to Keep the Home in Our Divorce?

If you want to keep your marital home, you will likely need to buy out your spouse’s share. You can do so by refinancing the mortgage, trading other marital assets of equivalent value, or negotiating a creative solution based on your overall finances.

As of June 2025, Illinois courts continue to weigh several factors when evaluating property division, including each spouse’s contributions to the marriage, their respective future earning potential, and their children’s needs. A qualified divorce attorney with financial training can help you present a compelling case to retain your home if that is the best decision for you.

Contact a Cook County, IL Divorce Attorney

If you are facing divorce and worried about what will happen to your home, speak with a dedicated Skokie, IL divorce lawyer at The Law Offices of Curtis Bennett Ross, L.L.C.. With decades of experience, CPA credentials, and a personalized approach, Attorney Ross will help you pursue a resolution that protects your finances and your future. We offer free limited consultations so call 312-984-1514 to schedule yours today.