Agreement of Real Estate Division and completing judgement of dissolution of marriage form

[Asinglemom1980]

In Illinois, with the new Covid protocol, we are asked to complete, in full, the judgement of dissolution of marriage form.

We have 2 properties and we agreed that we each would get 1 property from the marriage. My property is about to be sold and my spouse has agreed and followed through, with signing all the papers for this sale to be processed. With that in mind, we agreed I would get the cash from this sale. It should all be completed before our upcoming court date.

With that in mind, how do we address the real estate on our judgement of dissolution form, Part 9 B and D? The mortgage is in both of our names and will be paid off - so no need to refinance. The real estate will be sold and I will keep the cash so no need for a quit claim deed. The other property is in my spouse's name and has no debt associated with it. Do I just leave off the debt portion in part B and then complete the "other" section in Part D for my spouse (The petitioner) to keep the property with the address that is not being sold? Do I still have to stipulate the property that is almost sold on the legal forms with the debt? This is the last piece we need to complete before we resubmit and finalize our divorce.

Thanks in advance for your help.

 

[adjusterjack]

Sorry, nobody here can (or is allowed to) give you step by step instructions on how to fill out the form.

I will caution you on one thing though. For the sale of either property make sure that the escrow/title company is given written instructions signed by both of you as to who the check is made out to for the proceeds of the sale.

 

[Asinglemom1980]

Thanks!

 

[Zigner]

Sorry, nobody here can (or is allowed to) give you step by step instructions on how to fill out the form.

I will caution you on one thing though. For the sale of either property make sure that the escrow/title company is given written instructions signed by both of you as to who the check is made out to for the proceeds of the sale.

I agree with the above, but I will say this: If one does not own a property, then one is not required to list it on an assets list. Further to this, one should make sure to accurately detail the cash on hand.

Keep in mind that the main intent behind the form(s) you are asking about is to make sure that both partners have full knowledge of any assets and debts. It will (help to) prevent one party or the other from coming back at a future date and claiming that something was hidden by the other party. (A secondary intent for the form is to help the court make sure that their ruling is "fair".)

 

[LdiJ]

I agree with the above, but I will say this: If one does not own a property, then one is not required to list it on an assets list. Further to this, one should make sure to accurately detail the cash on hand.

Keep in mind that the main intent behind the form(s) you are asking about is to make sure that both partners have full knowledge of any assets and debts. It will (help to) prevent one party or the other from coming back at a future date and claiming that something was hidden by the other party. (A secondary intent for the form is to help the court make sure that their ruling is "fair".)

To put it in plainer language, you could state something along the lines of: "Party A is keeping $xxx in cash which is the proceeds from the sale of the property that the parties agreed would belong to Party A." "Party B is receiving the property at XXX address.

Or you could even make two lists: A list showing what Party A is getting and the value of each item, and a list of what Party B is getting and the value of each item, and then include a statement that there are no other marital assets.

Also, you CAN spell things out on a separate piece of paper rather than trying to fill in the blanks on a form. Use plain language as much as possible when doing so.

When my ex and I got divorced, our property settlement stated that "All marital property has been divided previously by the parties and the parties agree that each of them are keeping the assets that are currently in their individual names." However, we had been separated for quite a few years before actually divorcing, so that made it simpler.

 

[Zigner]

Also, you CAN spell things out on a separate piece of paper rather than trying to fill in the blanks on a form. Use plain language as much as possible when doing so.

Careful - there are specific requirements that must be met. I agree that the things can be spelled out on a separate piece of paper that is filed as an attachment to the document, but one must be cautious when entirely replacing the document.

 

[LdiJ]

Careful - there are specific requirements that must be met. I agree that the things can be spelled out on a separate piece of paper that is filed as an attachment to the document, but one must be cautious when entirely replacing the document.

I was actually talking about something along the lines of putting "See attached" in the line on the form and then spelling things out on a separate piece of paper.

However yes, it is also possible to replace the form in it's entirety, but as you mentioned that is a bit riskier.