Getting Divorced While Renting In Illinois - Russell D. Knight

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From Law Office of Russell D. Knight — Getting Divorced While Renting In Illinois guides listeners through the often-overlooked complications that renters face when navigating a divorce. The article — and thus the podcast episode — addresses the legal, financial, and practical questions that come up when a couple divorces but doesn’t own the home they live in.

In the first part, the podcast will explore “Who Keeps the Rented House?” Even though neither spouse owns the property, the lease itself becomes a binding obligation. The episode discusses how a marital settlement agreement can allocate responsibility for the lease and how courts decide who retains exclusive possession during the divorce proceedings. This reflects the article’s discussion on leases, exclusive possession motions, and court orders under Illinois statutes.

Next, the podcast delves into Security Deposits, Rent, and Lease Breaks — what happens to the deposit if the divorce is finalized before the lease ends, how rent responsibility is assigned (including for periods before or after one spouse moves out), and whether one spouse can legally break the lease because of the divorce. The discussion also covers the option to sublease and the landlord’s role — noting that landlords do not need to be informed of the divorce and are not bound by a divorce decree.

In the final segment, the podcast turns to Child Custody, Relocation, and Housing Strategy. It examines how proximity to children’s schools and the size of rental units matter in custody and parenting time disputes. The episode concludes with strategic advice: rather than buying while in the midst of a divorce, a spouse may be better off renting in a location that supports their custody goals — and later, after the parenting plan is set, move or purchase within permissible distance limits.

Law Office of Russell D. Knight

1165 N Clark St #700, Chicago, IL 60610, United States

(773) 334-6311

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

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