How Will Property in Other States Be Divided in Our Divorce?

 Posted on November 11, 2026 in Property Division

High-earning couples often have multiple properties, sometimes across state lines. An Illinois court can divide marital property, including real estate, no matter which state it’s in. Carrying out that division can take extra steps, though, especially for real estate.

For those divorcing in 2026 with concerns about their out-of-state property, a Lockport, IL high-asset divorce lawyer can help you value and protect property wherever it’s located.

Can an Illinois Court Divide Property Located in Another State?

An Illinois judge can usually divide property in other states, as long as the judge has the legal power to give orders to both you and your spouse. One spouse must be an Illinois resident when the divorce is filed, but the required 90 days of residency can be completed before filing or while the case is pending (750 ILCS 5/401).

The court also needs personal jurisdiction over your spouse to order them to transfer property. This can come from qualifying connections to Illinois or from your spouse voluntarily submitting to the court's authority. If your spouse has always lived in another state, an Illinois judge might not be able to make orders about them or your shared property.

Under 750 ILCS 5/503, property acquired during the marriage is presumed marital, including out-of-state property. The court divides it between spouses in just proportions. The judge weighs factors, such as each spouse’s income, the length of the marriage, and what each spouse contributed. Property you owned before the marriage, or inherited, is usually non-marital regardless of its location. However, it can become marital if you give it to the marital estate or mix it with marital property in certain ways.

What Kinds of Out-of-State Property Come Up in Illinois Divorces?

Out-of-state assets aren’t limited to homes. Property that often needs attention includes:

• Condos, cabins, and timeshares
• Rental properties and other investment real estate
• Farmland or vacant land
• Ownership interests in businesses formed in other states
• Bank or brokerage accounts held through out-of-state institutions

Accounts and business interests are simpler to divide than land. The court can order money moved or shares transferred wherever the institution is based.

How Is Out-of-State Property Valued in an Illinois Divorce?

Property is valued based on its own local market. Because of this, it’s often best to work with an appraiser who has experience in the geographic area in question. Rental properties will also need a review of leases, rental income, and expenses.

It’s also important to take into account costs specific to properties in other states. Selling property in another state can involve transfer taxes, real estate commissions, and capital gains taxes. Property taxes and insurance costs vary from state to state. Homes in some areas also need flood or windstorm coverage, which adds to the yearly cost of keeping them. These costs affect whether keeping the property is a good trade for other assets.

Collect deeds, mortgage statements, property tax bills, and any leases for each out-of-state property when getting ready for your divorce. These records will help your lawyer and the court understand the full scope of what you own, whether marital or separate.

How Does an Illinois Court Handle Real Estate in Another State?

An Illinois court generally can’t change the title to land in another state. Instead, it can order a spouse to take action, such as signing a deed, selling the property, or buying out the other spouse’s share.

If your spouse refuses to comply with these orders, you can ask the Illinois court to hold them in contempt, which comes with legal implications. You might also need to file the Illinois judgment with a court in the state where the property sits. That court can then enforce it under its own rules for recording and transferring title.

For some couples, it’s easier to agree between themselves on what happens to out-of-state real estate as part of a settlement. A clear agreement will outline issues such as who keeps the property, who pays the mortgage until it’s transferred, and the deadline for signing the deed. Both parties should have their agreement reviewed by their lawyers before signing to make sure it’s a fair deal in the long term.

Call a Plainfield, IL High Asset Divorce Lawyer Today

Property spread across several states can make a divorce more complicated. Our Lockport, IL property division attorneys can help you account for every asset and push for a fair division.

The two lawyers at The Law Offices of Robert F. Kramer, Ltd. bring over 40 years of combined experience, including accomplished trial and appellate work. We’ll guide you through each step, from tracking down records to enforcing the final judgment.

Call The Law Offices of Robert F. Kramer, Ltd. at 630-785-2400 to schedule your free 30-minute initial consultation.