In case of a dissolution of marriage, the court granting the dissolution of marriage may dispose of the homestead estate according to the equities of the case.
12-905.Dissolution of marriage.
Article XII. Judgments - Enforcement · Part 9. Exemption of Homestead · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a court handling a divorce divide the couple's homestead estate according to what's equitable, rather than applying the standard homestead exemption rules automatically.
Full Text of 735 ILCS 5/12-905
Plain-English Summary
This section is short but gives family courts real flexibility. When a marriage ends, the court granting the dissolution may dispose of the homestead estate according to the equities of the case, rather than mechanically applying the exemption rules that would otherwise govern.
That discretion sits alongside the general homestead provisions covering ownership amounts, release and waiver, and proceeds of sale. This section doesn't replace those rules everywhere; it gives the divorce court latitude specifically over the homestead estate as part of resolving the case.
Frequently Asked Questions
What happens to the homestead exemption in an Illinois divorce?
The court granting the dissolution of marriage may dispose of the homestead estate according to the equities of the case.
Does the divorce court have to apply the standard $50,000 or $100,000 homestead figures?
No. This section gives the court discretion based on the equities rather than a fixed formula.
Which court handles the homestead estate in a divorce?
The court granting the dissolution of marriage.
Does this section decide who owns the home after the divorce?
It addresses disposition of the homestead estate itself, within the equities of the case, rather than setting a separate ownership rule.
Is this the only section governing the homestead in a divorce?
No. It works alongside the general homestead provisions covering exemption amounts and waiver.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: homestead exemption in illinois divorcedissolution of marriage and homestead illinoisdivorce court disposing of homestead estate illinoiswho keeps the homestead after divorce illinois