What Happens if You Own Multiple Properties During Divorce in Illinois?

 Posted on October 26, 2025 in Property Division

The property division process that couples getting a divorce need to go through is typically more complex when you have many assets, like multiple real estate properties. Each property has its own history, value, and purpose. During a divorce, the court must decide who gets which property and how to divide any equity or debt. Because Illinois follows an equitable distribution system, property is divided fairly, and that may not necessarily mean an equal split. Working with an experienced Glen Ellyn, IL property division lawyer can help you ensure your assets are properly valued and divided.

How Do Illinois Courts Decide Who Gets Which Property In Divorce?

Under 750 ILCS 5/503, Illinois courts must first classify all property as marital or non-marital. Marital property includes anything that was bought during the marriage with joint funds. Non-marital property usually means things that were owned before the marriage or received by only one spouse as a gift or inheritance.

Judges then look at several factors to decide how to divide the marital property. They consider the length of the marriage and what you each contributed to the property. They also review what your financial needs will be after the divorce. For example, if one spouse paid the mortgage while the other handled repairs or renovations, both contributed to the home’s value. The court will account for these factors even if the property title is in only one name.

How Do Courts Value Multiple Properties in an Illinois Divorce?

Courts rely on licensed appraisers to determine each property’s fair market value. This process helps ensure both spouses receive a fair division of assets. Judges may consider how each spouse helped maintain or increase a property’s value. Paying the mortgage, making upgrades, or covering taxes all count as contributions as well.

If you and your spouse own more than one property, each must be valued separately. The court may assign one spouse the family home and the other a vacation or rental property. In some cases, the judge may order the properties be sold and the money divided between you.

Who Gets To Keep Income-Producing Properties in a High-Asset Divorce?

Rental homes, apartment buildings, and commercial spaces can make a divorce even more complicated. These types of properties bring in income, but they also come with expenses like taxes, insurance, and maintenance. Courts look at who managed the property, collected rent, and paid for upkeep when deciding who should keep it. Judges also consider whether one spouse depends on that income to maintain their standard of living.

Some of the ways Illinois courts handle income-producing properties include:

• Selling the property and dividing the net proceeds

• Allowing one spouse to refinance and buy out the other’s share

• Offsetting the value of the property with other assets, such as retirement funds or vehicles

• Having both spouses continue to co-own the property for a set period

• Dividing rental income through a temporary court order until the divorce is final

A judge can issue temporary financial orders that decide who manages or receives income from the property while the divorce is still pending. This ensures both sides are treated fairly during the process.

Contact a Plainfield, IL High-Asset Divorce Attorney Today

Attorney Robert F. Kramer is an accomplished trial and appellate lawyer with over 40 years of experience. He is known for being supportive and guiding clients through every stage of their divorce with patience and skill. If you have concerns about dividing complex assets during your divorce, call The Law Offices of Robert F. Kramer, Ltd. at 630-785-2400 to schedule a free 30-minute consultation with a dedicated Glen Ellyn, IL high-asset divorce lawyer today.