openPR Logo
Press release

Chicago Family Law Attorney Russell D. Knight Explains Property Division for Unmarried Couples in Illinois

03-07-2025 09:02 PM CET | Politics, Law & Society

Press release from: ABNewswire

Chicago Family Law Attorney Russell D. Knight Explains Property

When unmarried couples separate, dividing property can become a complicated legal matter. Chicago family law attorney Russell D. Knight (https://rdklegal.com/unmarried-couples-dividing-property-illinois/) provides insight into Illinois laws on property division for unmarried couples in a newly published article, "Unmarried Couples and Dividing Property in Illinois." The article explores how Illinois courts handle these cases and what options exist for couples who have acquired assets together.

Illinois law clearly distinguishes between married and unmarried couples when it comes to property rights. Married couples benefit from laws that categorize assets as marital property, meaning they are divided equitably upon divorce. However, unmarried couples do not receive the same legal protections. As Chicago Family Law Attorney Russell D. Knight points out, "The Illinois statute treats Illinois unmarried couples and their property the same way it would treat two strangers or two close friends and their property...as completely separate non-joint parties." Without a legal marriage, the presumption is that whoever holds the property in their name keeps it.

Chicago family law attorney Russell D. Knight highlights a key Illinois Supreme Court case, *Blumenthal v. Brewer*, which reinforced the state's strict stance on property division for unmarried couples. The case involved a long-term same-sex couple who had lived together, raised children, and entered into a civil union once legally permitted. Despite these factors, the court ruled that property division laws under the Illinois Marriage and Dissolution Act did not apply to their relationship, reinforcing that only married couples are granted such rights.

For unmarried couples in Illinois, this legal distinction means they must rely on alternative methods to divide property. Chicago family law attorney Russell D. Knight explains that contracts can sometimes serve as a way for unmarried partners to establish financial agreements. If a couple creates a legally binding contract about property ownership, it can be enforced in court. However, these contracts must be structured carefully. "Couples in a relationship rarely enter into contracts such as these but, if they do, the contracts are probably not binding for the same reason that they are not married," says Knight.

Another potential solution involves oral agreements. If one partner paid the down payment on a home while the other covered the mortgage, courts may recognize an implied agreement. However, proving such an agreement can be difficult, especially since Illinois law requires real estate agreements to be in writing. Additionally, the legal concept of estoppel may apply if both partners made financial sacrifices based on a mutual understanding. Yet, as Knight points out, this is a challenging argument to prove in court.

When a property is held in both partners' names, the process becomes slightly more straightforward. Most couples choose to sell the property and divide the proceeds. However, if one partner refuses to leave, the legal process known as a partition proceeding may be necessary. Russell D. Knight explains that in Cook County, these cases are handled in the Chancery Division, rather than family court. The court typically orders the property to be sold, with proceeds distributed based on each party's ownership interest. If the couple cannot reach an agreement, the property may be sold at a sheriff's sale, which often results in a lower selling price.

Chicago family law attorney Russell D. Knight also addresses the topic of gifts exchanged in a relationship. Generally, gifts remain with the recipient, unless there is clear evidence that they were intended to be shared property. This principle applies even when the relationship ends, meaning one partner cannot claim back gifts they previously gave.

For unmarried couples with children, property division remains separate from child-related legal matters. While child support and parenting responsibilities can be determined in family court, property division remains outside the scope of these cases. However, parents can include property agreements within parenting plans, which courts may enforce.

Another important distinction in Illinois law is that the state does not recognize "palimony," or financial support for an ex-partner following the end of an unmarried relationship. Unlike spousal support in divorce cases, there is no legal obligation for one partner to provide financial assistance to the other after separation.

Understanding these legal principles is essential for unmarried couples who are separating and need to determine how to handle shared property. Legal guidance can be invaluable in navigating these situations and ensuring fair outcomes.

For those seeking clarity on property division matters, consulting with an experienced attorney can help determine the best course of action. Chicago family law attorney Russell D. Knight and the Law Office of Russell D. Knight offer insights and legal guidance for individuals facing these challenges in Illinois.

About the Law Office of Russell D. Knight:

The Law Office of Russell D. Knight provides legal representation in family law matters, including divorce, child custody, and property division in Chicago, Illinois. Led by Russell D. Knight, the firm is dedicated to helping clients navigate legal issues with clear and effective solutions.

Embeds:

Youtube Video: https://www.youtube.com/watch?v=OkdUd-jY4sw

GMB: https://www.google.com/maps?cid=13056420905624162796

Email and website

Email: russell@rdklegal.com

Website: https://rdklegal.com/

Media Contact
Company Name: Law Office of Russell D. Knight
Contact Person: Russell D. Knight
Email:Send Email [https://www.abnewswire.com/email_contact_us.php?pr=chicago-family-law-attorney-russell-d-knight-explains-property-division-for-unmarried-couples-in-illinois]
Phone: (773) 334-6311
Address:1165 N Clark St #700
City: Chicago
State: Illinois 60610
Country: United States
Website: https://rdklegal.com/

Legal Disclaimer: Information contained on this page is provided by an independent third-party content provider. ABNewswire makes no warranties or responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you are affiliated with this article or have any complaints or copyright issues related to this article and would like it to be removed, please contact retract@swscontact.com



This release was published on openPR.

Permanent link to this press release:

Copy
Please set a link in the press area of your homepage to this press release on openPR. openPR disclaims liability for any content contained in this release.

You can edit or delete your press release Chicago Family Law Attorney Russell D. Knight Explains Property Division for Unmarried Couples in Illinois here

News-ID: 3905106 • Views:

More Releases from ABNewswire

Author Sammy Jo Pendergrast Releases Expanded Second Edition of Bluestar
Author Sammy Jo Pendergrast Releases Expanded Second Edition of Bluestar
A reimagined sci-fi epic returns-Sammy Jo Pendergrast releases the definitive 2nd edition of Bluestar. Image: https://www.abnewswire.com/upload/2025/09/bd5cfaee54f726d44f767c0910049255.jpg Award-winning storyteller Sammy Jo Pendergrast invites readers back into a galaxy torn apart by war with the newly released second edition of Bluestar . This definitive version of the acclaimed space opera has been expanded by more than 200 pages, enhanced with original chapter artwork, and features a striking new cover design. Set in the aftermath of
Blackwell Captive Solutions Partners with Cygenex to Add Genetic Testing to B.Well Edge Portfolio
Blackwell Captive Solutions Partners with Cygenex to Add Genetic Testing to B.We …
New precision medicine capabilities help employers bend the healthcare cost curve through early risk detection. Blackwell Captive Solutions [https://blackwellcaptive.com/] today announced a new strategic partnership with Cygenex [https://www.cygenex.com/], a leader in advanced diagnostic testing and personalized preventive health solutions. Through this collaboration, Cygenex will become part of B.Well Edge, Blackwell's portfolio of best-in-class solutions designed to help employers proactively manage healthcare costs and improve outcomes. "B.Well Edge is about giving employers access
The Next Wave of Functional Flours - Chickpeas, Lentils, Beans & Beyond | A $110 Billion Market - Arizton
The Next Wave of Functional Flours - Chickpeas, Lentils, Beans & Beyond | A $110 …
Industry Analysis Report, Regional Outlook, Growth Potential, Price Trends, Competitive Market Share & Forecast 2025-2030. According to Arizton research, the global functional flour market [https://www.arizton.com/market-reports/functional-flour-market] was valued at USD 71.34 billion in 2024 and is expected to reach USD 110.93 billion by 2030, growing at a CAGR of 7.63% during the forecast period. The surge in legume-based flours is driving market growth, fueled by the rising demand for gluten-free products, growing
Author's Tranquility Press Unveils The Emperor's Regret
Author's Tranquility Press Unveils The Emperor's Regret
A Timeless Parable of Power, Freedom, and the Unexpected Cost of Escape In a realm where crowns shimmer but burdens grow heavier by the day, Barbara A. Pierce's The Emperor's Regret [https://www.amazon.com/Emperors-Regret-Barbara-Pierce/dp/1965463800/ref=monarch_sidesheet_image] arrives as a lushly illustrated fable about longing, responsibility, and the hard-earned wisdom that can only come through trial. Now available on Amazon, this evocative story invites readers to step into a magical kingdom and follow one ruler's unforgettable

All 5 Releases


More Releases for Knight

Noah The Brave Knight
Are you ready for a thrilling adventure that will leave you on the edge of your seat? 'Noah the Bright Knight' by Eric Capone is a brave knight story that will take the readers on an epic quest and experience the magic of adventure like never before. This thrilling tale of bravery, friendship, and the pursuit of justice will keep you hooked from start to finish. Embark on a thrilling
Wedding Venue Service Market Next Big Thing | Events by Knight, Wedding Wire, Ev …
Latest Study on Industrial Growth of Wedding Venue Service Market 2023-2028. A detailed study accumulated to offer Latest insights about acute features of the Wedding Venue Service market. The report contains different market predictions related to revenue size, production, CAGR, Consumption, gross margin, price, and other substantial factors. While emphasizing the key driving and restraining forces for this market, the report also offers a complete study of the future trends
Thompson & Knight Opens LA Office
The law firm of Thompson & Knight LLP is pleased to announce the opening of its newest office in Los Angeles, California. The Firm has landed noted litigator Bruce J. Zabarauskas, who joins Thompson & Knight Partner, Shelly A. Youree, to launch operations. Opening October 1, 2012, the new office will be located in Century City at 10100 Santa Monica Boulevard, Suite 950, Los Angeles, California 90067. “The opening
Thompson & Knight Elects 2012 Management Committee
FOR IMMEDIATE RELEASE February 16, 2012 For additional information: Becky S. Jackson Chief Client Services Officer 214.969.1478 TEXAS – The law firm of Thompson & Knight LLP is proud to announce the Firm has elected 11 lawyers to serve on the Firm’s Management Committee for 2012. As previously announced, Emily Parker was confirmed as the Firm’s Managing Partner, becoming the first female to serve in this role in the 125-year history of the Firm.
Thompson & Knight Expands Trial Practice
Dallas (August 15, 2011) – The global law firm of Thompson & Knight LLP is pleased to announce that Nathan H. Aduddell* has joined the Firm’s Trial Department as an Associate in the Dallas office. “Nathan comes to us with an excellent record of scholastic achievement and success in trial-related competitions, all accomplishments we believe will enhance his trial skills. We are very pleased to have him join
Thompson & Knight Expands Tax Practice
HOUSTON – The global law firm of Thompson & Knight LLP is pleased to announce Roger D. Aksamit has joined the Firm as a Partner in the Tax Practice Group of the Firm’s Houston office. He brings more than 25 years of legal experience to Thompson & Knight. “We are thrilled to have Roger join the Firm,” says Pete Riley, Managing Partner of the Firm. “Houston\'s energy economy