The wife contends the trial court failed to reimburse the marital estate. For marital funds contributed to the husband’s nonmarital residence. The Appellate Court agreed.
The parties had agreed that $15,942.95 was paid from marital funds. To make improvements to the residence. And $6,213.44 was paid to reduce the husband’s mortgage. The husband was awarded the residence as his non-marital property under the court’s division of property. This included the value of the improvements made during the marriage.
No provision was made by the trial court to reimburse the marital estate. Either for the reduction of the mortgage. Or for the value of the improvements.
The trial court erred. It had been presented with clear and convincing evidence. Concerning the extent of the contributions.
$22,156.39 had been contributed from marital funds. For improvements to the residence and for increased equity in the non-marital home. This amount should have been credited to the marital estate. And divided according to the provisions of section 503 of the Act.
IRMO McCoy, 225 Ill.App.3d 966.
Share This Story, Choose Your Platform!