Community property

#1

We were legally married in California at the end of 2004, which observes community property law, but 6 days later we moved to Illinois which does not. We resided in Chicago for two years and one month. We moved to Europe in February 2007. We separated in January 2012, after 7 years and one month of marriage. Wife now lives in California, while husband has remained in Europe. Which matrimonial regime applies, California’s or Illinois?

Husband bought property in Europe, half of the value with funds he had before the marriage and a loan, which he repaid mostly after the separation. Any thoughts on how it might be distributed by a court?

#2

California’s community property law likely applies since the couple was married there. Even though they moved to Illinois, California law typically governs property acquired during the marriage for California residents. A court might consider the European property partly community property, particularly the loan repaid during the marriage, while funds from before the marriage could be separate property.

#3

Hello, Kalya. It has been over 2 1/2 years since I posted this. My spouse filed for divorce in Europe, where our daughter and I reside and where the property is, on the assumption that family law here would favor her. The court ruled that Illinois law applies, which is that a fair distribution should be determined, based on each spouse’s contribution to the marriage and to the purchase of the property, as well as the current financial status of each spouse. The reason is that European (EU) legislation indicates that applicable law is that of the place of residence during the first two years of the marriage.

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