Dividing Multiple Properties in an Illinois Divorce

 Posted on April 25, 2025 in Division of Assets

Dividing property in a divorce is rarely simple — and when a couple owns multiple homes, vacation properties, or rental units, the process becomes even more complex. Real estate can be one of the most valuable assets in a divorce, and courts in Illinois take many factors into account when deciding how to divide it fairly.

Whether you are concerned about keeping your primary residence, managing rental income, or minimizing tax consequences, it is important to have a knowledgeable Naperville divorce attorney who understands how to handle multi-property asset division.

How Does Illinois Handle Property Division?

Illinois is an equitable distribution state. That means marital property — including real estate — is divided in a way that is fair, but not always equal. The court considers a range of factors when deciding who gets what, including each spouse’s financial situation, contributions to the marriage, and parenting responsibilities.

Marital property typically includes any real estate acquired during the marriage. This applies even if only one spouse’s name is on the deed. However, property that was inherited, received as a gift, or owned before the marriage may be considered non-marital — unless it was commingled with marital assets.

What Happens When You Get Divorced and You Own Multiple Properties with Your Spouse?

When more than one property is involved, the court may handle each asset differently. For example, one spouse may be awarded the marital home while the other keeps a vacation property of comparable value. In other cases, a couple may agree to sell one or more properties and divide the proceeds.

The court may also consider:

• Which spouse is more financially able to maintain each property
• Whether a property generates income (such as a rental unit)
• Who will have the majority of parenting time, and whether the children should remain in the primary residence
• Whether refinancing is necessary to remove one spouse from a mortgage

Because property division must account for both equity and cash flow, having a clear picture of your real estate portfolio — including market values, mortgage balances, and rental income — is critical.

Should I Sell or Keep Properties in My Divorce?

There is no one-size-fits-all answer. Some spouses prefer to sell jointly owned properties to simplify the division and walk away with liquid assets. Others may wish to keep specific properties for personal or financial reasons.

If you want to keep a home or rental property, you may need to refinance it in your name and buy out your spouse’s share of the equity. Alternatively, you might agree to give up other marital assets, like retirement funds or vehicles, to retain full ownership of a property.

A divorce attorney can help you determine which approach protects your long-term financial goals and ensures compliance with Illinois law.

Contact a Naperville, IL Divorce Attorney for a Free Consultation

Dividing multiple properties in a divorce requires careful planning and experienced legal guidance. At Pesce Law Group, P.C., our DuPage County, IL divorce lawyers help clients untangle complex real estate issues and build customized strategies for asset division. We offer free consultations and will take the time to understand your unique situation.

Call 630-352-2240 today to schedule your consultation and learn how we can help you move forward with confidence.