In re Marriage of Gabrys

Illinois Appellate Court
Civil Court
Sale of Marital Residence
Citation
Case Number: 
2023 IL App (1st) 221763
Decision Date: 
Wednesday, November 22, 2023
District: 
1st Dist.
Division/County: 
5th DIv./Cook Co.
Holding: 
Reversed.
Justice: 
MITCHELL

Petitioner pursued an interlocutory appeal of a trial court order granting the respondent’s motion to sell the marital residence. The appellate court reversed, finding that the trial court abused its discretion when it ordered the sale of the marital residence, noting that the sale of an asset prior to dissolute is only appropriate in extraordinary circumstances and that the immediate sale of the marital residence in this matter was “wholly unnecessary” and would constitute a permanent injunction without adequate justification. (LYLE and NAVARRO, concurring)