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First I will say, I am not an attorney and your daughter does need to obtain the services of a good attorney.
It appears that in Illinois that your daughter should be able to retain the inherited half of the home, as an inheritance is not considered marital property.
As to the half of the house that you sold to your daughter and son-in-law, there may be some equity due to the son-in-law. But I think this would be dependent on whether you sold your half of the house to them well below market value. The value of real estate throughout the country continues to decline, so this may not be much of an issue.
Also, I believe the courts will take into consideration the minor child. So if your daughter is obtaining full custody, this issue may be used as a determining factor.
Also, the court will take into consideration the short amount of time that your son-in-law actually helped make the mortgage payments.
I hope this helps.
PROPERTY DISTRIBUTION:
Illinois is an equitable distribution state, meaning that marital property shall be divided equitably, not necessarily equally. For purposes of distribution of property, all property acquired by either spouse after the marriage and before a judgment of dissolution of marriage is presumed to be marital property, regardless of whether title is held individually or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property. Marital property shall be divided, without regard to marital misconduct, considering all relevant factors, including:
The contribution of each party to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker or to the family unit.
The dissipation by each party of the marital or non-marital property.
The value of the property assigned to each spouse.
The duration of the marriage. The relevant economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children.
Any obligations and rights arising from a prior marriage of either party.
Any post-nuptial agreement of the parties.
The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties.
The custodial provisions for any children.
Whether the apportionment is in lieu of or in addition to maintenance.
The reasonable opportunity of each spouse for future acquisition of capital assets and income.
The tax consequences of the property division upon the respective economic circumstances of the parties.
Non-marital property is considered: Property acquired by gift, legacy or descent.
Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, legacy or descent.
Property acquired by a spouse after a judgment of legal separation.
Property excluded by valid agreement of the parties.
Any judgment or property obtained by judgment awarded to a spouse from the other spouse.
Property acquired before the marriage.
Thank you for the great explanation! It give me a much clearer idea of what to expect. It looks as though there is still has a lot of flexibility as to which way the judge can decide, but when everything is taken into consideration as a whole it looks as though it has a chance of working out okay.
Again, thanks so much for your help! Oh...my daughter does have an attorney that has a very good reputation in this area, but so far he has really done, IMO, not much of anything. With my limited experience and understanding of the law and court I guess I had hoped it would be more like television law...an attorney who is dynamic and cares and whose mere presence causes the adverary to crumble and give in to his client's every demand. LOL! Reality is pretty disappointing. His performance thus far could have been phoned in. I guess that could be a whole new topic!
Thank you for the great explanation! It give me a much clearer idea of what to expect. It looks as though there is still has a lot of flexibility as to which way the judge can decide, but when everything is taken into consideration as a whole it looks as though it has a chance of working out okay.
Again, thanks so much for your help! Oh...my daughter does have an attorney that has a very good reputation in this area, but so far he has really done, IMO, not much of anything. With my limited experience and understanding of the law and court I guess I had hoped it would be more like television law...an attorney who is dynamic and cares and whose mere presence causes the adverary to crumble and give in to his client's every demand. LOL! Reality is pretty disappointing. His performance thus far could have been phoned in. I guess that could be a whole new topic!
I found a site (law firm) that provides a good summary of Illinois case law. It is possible for a spouse to "gift" non-marital property, i.e. inheritance, to the other spouse. Keep in mind that even if the court finds that your daughter gifted her 1/2 inherited share of the property to the marital estate, it does not mean she is SOL. The court will then analyze each spouse's contribution to obtaining the marital property, as well as other factors. Article on Property Rights | Chicago Divorce Lawyer Marshall J. Auerbach
The court will then analyze each spouse's contribution to obtaining the marital property, as well as other factors.
You think?
I'd think the last thing a judge wants to do is to get into such nitty gritty specifics.
Most would far prefer to have the couple and their lawyers negotiate (or maybe mediate) this on their own and then just have a few lines or paragraph describing what they settled on as a part of their larger separation agreement along with all the other things they'll inevitably argue over...
...which then gets incorporated into the final divorce decree without the judge having to rule on anything.
You think?
Well, yes, I think. One of my areas of practice is Family Law.
I'd think the last thing a judge wants to do is to get into such nitty gritty specifics.
This case is contested and it appears that the daughter wants possession of the family home, as well as custody. If there is a hearing, the judge HAS to address all of the factors required by statute.
Most would far prefer to have the couple and their lawyers negotiate (or maybe mediate) this on their own and then just have a few lines or paragraph describing what they settled on as a part of their larger separation agreement along with all the other things they'll inevitably argue over...
Agreed, judges would prefer this. But judges don't always get what they want. That's why they get paid the big bucks.
...which then gets incorporated into the divorce decree without the judge having to rule on anything.
Well, that depends. I know that's not necessarily true in Maryland, but I don't know what happens in Illinois.
Settling is not always possible nor is it always the best option.
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One of my areas of practice is Family Law. 
