What If My Spouse Sells Our Assets Without My Consent in Divorce?

February 16th, 2026 by Tiffany Hughes

Navigating a divorce in Illinois is already a complex and emotionally challenging process. It becomes even more stressful when one spouse takes unauthorized actions—such as selling marital assets without consent. If your spouse has sold or is attempting to sell marital property during an Illinois divorce, it is critical to understand your legal rights, what remedies may be available, and what steps you can take to protect yourself financially.

This issue commonly arises with marital property such as the marital home, vehicles, bank accounts, investments, and other valuable assets, and it can significantly impact the equitable division of property in your divorce case.

What Is Considered a Marital Asset in Illinois?

In Illinois, marital assets generally include property or assets acquired by either spouse during the marriage, regardless of how the property is titled or whose name appears on the account. Marital assets often include:

• Real estate (including the marital home)
• Vehicles
• Bank accounts
• Retirement accounts and pensions
• Investments and brokerage accounts
• Businesses and business interests
• Personal property (jewelry, collectibles, high-value items)

Illinois is an equitable distribution state. This means marital property is divided in a way that is fair and equitable, but not necessarily 50/50, based on multiple factors under Illinois divorce law.

Can My Spouse Sell Our Home During the Divorce?

If your name is on the deed to the home—or you currently live in the home—your spouse generally cannot sell the house without your consent. Illinois recognizes homestead protections when one spouse is living in the residence.

As the Illinois Supreme Court stated:

“where a homestead exists neither can change the residence of the other from that homestead without such other’s consent or unless another suitable homestead is provided.”
— Brod v. Brod, 390 Ill. 312, 324 (Ill. 1945)

However, if one spouse is not listed as an owner on the deed, the other spouse may attempt to sell the property—even if the home was purchased during the marriage and may be considered marital property. Even in that situation, if you are living in the home, Illinois law may require that another suitable residence be provided before forcing you out.

What Happens If My Spouse Sells a Marital Asset Without Permission?

Even if your spouse sells a marital asset without your approval, that does not mean they “get away with it.”

In an Illinois divorce, the court is required to allocate property based in part on:

“the value of the property assigned to each spouse”
— 750 ILCS 5/503(d)(5)

This means that if your spouse sells marital property, the court can still consider the value of that property when dividing assets in the divorce. If the sale was wasteful, secretive, or intended to deprive you of your share, the court may adjust the overall distribution to account for it.

In many cases, a spouse who sold marital assets without consent may face financial consequences, including:

• being ordered to reimburse the other spouse
• having their share of remaining marital property reduced
• being found to have dissipated marital assets
• being required to pay a monetary judgment to offset the loss

What If the Property Was Non-Marital?

Even if an asset is ultimately classified as non-marital property, Illinois courts may still consider the overall value of property assigned to each spouse when making an equitable distribution decision.

Additionally, if marital funds were used to maintain, improve, or increase the value of a non-marital asset, the other spouse may have a claim to reimbursement or a share of the increased value depending on the facts.

What Legal Remedies Can I Get if My Spouse Sold Marital Assets in an Illinois Divorce?

Depending on the circumstances, Illinois courts may provide remedies such as:

• an adjustment in the division of marital property
• reimbursement for the lost or wasted asset
• an offset award (money or other property to equalize the division)
• findings related to dissipation of marital assets
• temporary court orders preventing additional sales

The exact remedy depends on the type of asset sold, the timing, the value, and whether the sale was done intentionally to harm the other spouse’s financial interests.

How Do I Stop My Spouse From Selling Marital Assets During Divorce?

If you believe your spouse may sell marital assets during the divorce, you can act quickly to protect yourself. In Illinois, you may file a motion seeking temporary relief, which can include:

• a temporary restraining order (TRO)
• a temporary injunction
• court orders freezing certain accounts or restricting transfers
• orders preventing the sale of the home, vehicles, or other assets

Contrary to popular belief, restraining orders are not limited to requiring physical distance or no contact. In divorce cases, restraining orders and injunctions can be used to stop certain actions—such as selling, transferring, hiding, or dissipating marital property.

This gives the court time to review the situation and prevent further financial harm.

Steps to Protect Your Rights in Illinois

If you suspect or discover your spouse sold marital assets without your consent during an Illinois divorce, take immediate action.

1. Consult Your Illinois Divorce Attorney

The first and most important step is to speak with an experienced Illinois divorce attorney as soon as possible. Your attorney can determine whether you should file:

• a motion for a restraining order
• a motion for temporary injunction
• a claim for dissipation of marital assets
• emergency relief to stop ongoing transfers or sales

Early legal action can prevent additional losses and preserve your ability to recover your equitable share.

2. Document Everything

Keep detailed records, including:

• bank statements
• transaction records
• real estate listings
• vehicle transfers
• emails and text messages
• screenshots of account activity
• proof of missing property or withdrawn funds

This documentation is often essential in proving what happened and establishing the value of the assets sold.

Conclusion: Unauthorized Sale of Marital Assets in an Illinois Divorce

The unauthorized sale of marital assets during divorce proceedings in Illinois is a serious issue that can carry major legal and financial consequences. If your spouse sells property without your consent, you may still be entitled to your equitable share—and the court can impose remedies to correct the unfairness.

If you are facing this situation, it is critical to consult a knowledgeable Illinois divorce attorney, document the evidence, and pursue court intervention when needed. By acting quickly and strategically, you can protect your rights and work toward a fair and equitable divorce settlement under Illinois law.

Need More Information or Representation?

If you are filing for a divorce or are worried your spouse is selling assets without your consent, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in representing anyone who if getting a divorce, is wanting to know what is considered a marital asset in Illinois, whether their spouse can sell their home during a divorce, and how to stop the sale of their marital assets during a divorce, is seeking to know more about the allocation of assets in divorce, concerns regarding non-marital property, and the homestead classification in Illinois, or is looking for assistance with obtaining a temporary injunction and restraining order regarding the sale of marital assets.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.