What Happens to a House if Only One Spouse’s Name Is on the Deed?

 Posted on January 31, 2026 in Property Division

Your home may be one of your most treasured assets in your marriage. However, you may wonder what will become of it in your divorce if your name isn’t on the deed. The answer is complicated, and may hinge on a number of different factors. The important thing to keep in mind is that the name on the deed matters less than when the house was acquired. 

A Yorkville, IL divorce lawyer can clear up your questions and help protect your interests in the division of property. At Goostree Law Group, our attorneys have been recognized with numerous awards, including recognition as Super Lawyers and among the "10 Best" for Client Satisfaction by the American Institute of Family Law Attorneys, and we are ready to offer tailored legal guidance.

What Makes a Home Marital or Separate Property in Illinois?

In Illinois, the deed is an important document, but it is not the sole deciding factor in ownership. Just because only one spouse’s name is on the deed does not automatically mean the house is "off-limits" in asset division.

Illinois focuses on when and how the home was acquired. A home is usually separate property if one spouse bought it before the marriage or inherited it. In many divorces, that is where the analysis starts.

A home can become partly marital over time. This can happen when marital money is used to pay the mortgage, lower the principal, make improvements, or cover major repairs. It can also happen when spouses treat the home as a shared marital asset in real life, even if only one name appears on paper. The practical takeaway is simple – the deed can help show ownership history, but it doesn’t always decide whether the value of the home gets divided.

Contributions to the Home Can Be Paid Back in a Divorce

Even if a home started as separate property, the other spouse may still have a claim tied to contributions made during the marriage. Contributions can include:

• Mortgage payments made with marital income, especially payments that reduced the principal balance

• Renovations or upgrades paid for with marital funds

• Large repairs that increased the home’s value

• Sweat equity, like one spouse doing major work that improves the property

A divorce does not always convert the whole home into marital property. Sometimes, the court tries to pay back the marital estate for what it put in, while still recognizing that part of the home may remain separate.

This part can get technical fast. The best evidence often consists of bank statements, receipts, and closing documents. If the paperwork is missing, the court may have to rely on conflicting statements from the spouses. Our firm can provide you with fierce representation, arguing for a resolution that recognizes your hard work and contributions to the home.

Resolving Competing Claims to the Marital Home in 2026

When spouses disagree about the home, a few common solutions tend to come up. One option is to sell the home and split the net proceeds. This can be the simplest choice when neither person can afford the payment alone. It can also avoid future conflict about repairs, taxes, or missed payments.

Another option is for one spouse to keep the home and buy out the other spouse’s share. That buyout might be paid with cash, other assets, or an offset in the overall property division. To do this fairly, spouses often need a clear idea of the home’s value, the mortgage payoff, and the true equity.

Sometimes, a spouse stays in the home temporarily. This can happen when children are involved, when the market is bad, or when refinancing takes time. If this is the plan, the divorce agreement should spell out who pays what each month, how repairs are handled, and when the home must be sold or refinanced. Vague promises can turn into expensive problems.

When only one spouse’s name is on the deed, negotiations can feel personal. In some cases, spouses reach a total deadlock, unable to resolve property division on their own. This is usually when the courts have to step in. Illinois divorce courts handle disagreements by following the principle of equitable distribution. When deciding how to split up shared assets, the courts prioritize fairness, without factoring in marital misconduct (750 ILCS 5/503).

The Importance of Refinancing a Mortgage Post-Divorce

If one spouse keeps the house, refinancing is often the next big step. This is true even if only one spouse’s name is on the deed. A mortgage is a separate contract from a deed. A spouse can be off the deed and still be on the mortgage, and that can create real risk.

If your name stays on a mortgage after divorce, your credit can still be harmed if payments are late. It can also affect your ability to buy a new home, finance a car, or qualify for a loan. The lender follows the loan contract, which is separate from the divorce order itself.

Refinancing can solve that by putting the loan in only the keeping spouse’s name. It can also be a chance to adjust the interest rate, change the loan terms, and set up a stable payment plan.

Refinancing is not always easy. Income, credit score, and interest rates are all important factors. If refinancing is not possible right away, some couples agree to sell the home by a certain date, or require refinancing within a set time frame with consequences if it does not happen. The important thing is to have a plan that is realistic, written down, and enforceable.

Contact a Kendall County, IL Property Division Lawyer

If you are going through a divorce and the house is only in one spouse’s name, you should not assume the deed answers the question of ownership. The real issues are usually equity, contributions, and how the home was treated during the marriage.

At Goostree Law Group, we can review your deed, mortgage documents, payment history, and any evidence showing contributions or improvements. Then we can help you pursue a fair outcome through negotiation or litigation. Call 630-584-4800 or contact our Yorkville, IL divorce attorneys to schedule a free consultation.