How Can I Prove That an Asset Is My Separate Property?

 Posted on October 31, 2025 in Asset Division

In your divorce, dividing up your shared property with your spouse will be one of the most significant tasks set before you. Naturally, you may also feel protective of your separate property amid concerns that they could be labeled as marital assets. To protect your interests, consider reaching out to a St. Charles, IL property division lawyer.

Navigating complex property matters is best done with the help of an experienced legal advocate. At Weiler & Associates, Inc., our legal team has decades of experience in the practice of family law, and Attorney Tim Weiler has successfully argued cases before the Illinois Supreme Court. You can rely on our firm to speak up for your rights in asset division.

Three Ways to Show Property Ownership in a Divorce

In Illinois, all assets acquired during the marriage are presumed to be marital property (750 ILCS 5/503). Overcoming this presumption requires a compelling argument, which an attorney can help you make.

Financial Statements and Receipts

One of the simplest ways to show that a piece of property belongs to you is to prove that you owned it before the marriage. A physical receipt or a bank statement can show the date of purchase, serving as a clear indicator of separate property.

Keep in mind that assets acquired before your marriage can still end up mixed together – or commingled – with the marital estate, becoming indistinguishable from shared property. For that reason, some people avoid investing marital funds into separate property.

Witness Testimony

Assets given to you as gifts are typically considered separate property, regardless of whether the gift was given before or during the marriage. Witness testimony can be very important for showing that a gift was intended for one spouse alone. Similarly, a witness can also support a claim that a particular asset is, in fact, separate property if he or she was present for the transaction.

In complex financial matters, expert witnesses can be brought in to help clarify property ownership. A forensic accountant can potentially trace an asset’s origin, strengthening your case with a qualified outside opinion.

Terms of a Marital Agreement

A signed prenuptial or postnuptial agreement can be a surefire method of establishing your separate property rights. If you have a valid marital agreement that includes clauses for asset division, you can cite the terms of the document indicating that a particular asset should not be considered marital property.

A marital agreement could still be challenged in court if your spouse alleges that he or she did not sign the document voluntarily or that there was not a reasonable disclosure of assets. When faced with these claims, it is important to have a legal advocate on your side who can argue that the document should be enforced.

Contact a Kane County, IL Family Law Attorney

Property division may be one of the most contested aspects of your divorce. If you need help protecting your separate property from division, reach out to our St. Charles, IL divorce lawyers at Weiler & Associates, Inc.. To schedule a consultation, call our offices at 630-331-9110.