(Download) "In re Marriage of Emken" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: In re Marriage of Emken
- Author : Supreme Court of Illinois
- Release Date : January 30, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Petitioner, Ruth Isabell Emken, appealed from the judgment of the circuit court of Peoria County entered upon dissolution of her marriage to respondent, Henry Edward Emken. The appellate court affirmed (89 Ill. App.3d 667), and we allowed petitioner's petition for leave to appeal (73 Ill.2d R. 315). The facts are adequately stated in the appellate court opinion and will be repeated here only to the extent necessary to discuss the issues. The first question presented is whether, under section 503 of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1979, ch. 40, par. 503), the circuit court properly assigned to respondent as non-marital property the sum of $14,257.72, which he had deposited in a joint checking account immediately after the marriage. The source of the money was a savings account and a checking account which respondent had maintained prior to the marriage. There appears to be no question that although the petitioner sometimes wrote checks on the account all funds deposited were received from the respondent. During the marriage the account balance fluctuated from $1,000 to $19,000. Respondent testified that approximately $8,000 of the money originally deposited was used sometime after the marriage to purchase a new combine. Petitioner testified that when she left respondent she withdrew $8,258.57 from the account.