In Re Marriage of Weisman

958 N.E.2d 377, 354 Ill. Dec. 634
CourtAppellate Court of Illinois
DecidedSeptember 28, 2011
Docket1-10-1856
StatusPublished

This text of 958 N.E.2d 377 (In Re Marriage of Weisman) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Weisman, 958 N.E.2d 377, 354 Ill. Dec. 634 (Ill. Ct. App. 2011).

Opinion

958 N.E.2d 377 (2011)
354 Ill. Dec. 634

In re MARRIAGE OF Larry E. WEISMAN, Petitioner-Appellee, and
Lauren Rautbord Weisman, Respondent-Appellant.

No. 1-10-1856.

Appellate Court of Illinois, First District, Third Division.

September 28, 2011.

*378 Joel Ostrow, Bannockburn, IL, for Appellant.

Karen L. Levine, Melissa B. Pryor, Miller, Shakman & Beem LLP, Bradley D. Birge, Chicago, IL, for Appellee.

OPINION

Justice MURPHY delivered the judgment of the court, with opinion.

¶ 1 Respondent, Lauren Weisman, appeals from a judgment for dissolution of marriage entered by the circuit court of Cook County dissolving the marriage between her and petitioner, Larry Weisman, and awarding the parties' Chicago residence and investments in a partnership to petitioner as his nonmarital property. On appeal, respondent contends that the court erred by allocating the residence and investments to petitioner as nonmarital property. For the reasons that follow, we reverse and remand.

¶ 2 BACKGROUND

¶ 3 On November 13, 2006, petitioner filed a petition for dissolution of marriage in which he asserted that he and respondent lived at 1921 North Cleveland Avenue in Chicago and did not have any children together. Petitioner further asserted that irreconcilable differences had caused a breakdown of their marriage and that any attempts at reconciliation would be impracticable and not in their best interests.

¶ 4 At trial, respondent testified that she and petitioner became engaged on January 1, 1997, and were married on June 21, 1997. When they first met, respondent was living in a townhouse in the Lincoln Park neighborhood in Chicago with her two children from a prior marriage, and petitioner was living in Highland Park, a suburb of Chicago. Petitioner also had two children from a prior marriage, and although he had custody, they lived with their mother. At the time respondent and petitioner became engaged, respondent was working as an interior designer for Paul Lauren Designs, a business she had formed with her uncle, Paul Marchetti.

*379 ¶ 5 Petitioner and respondent discussed the prospect of petitioner moving from Highland Park to Chicago shortly after they became engaged, and petitioner instructed respondent to look for a house for them. Respondent explained that their goal was to find a house in which all their children could live. Respondent began looking on January 5, 1997, and found a house she liked at 1921 North Cleveland Avenue on January 10, 1997. The house was still under construction when respondent first saw it, and the asking price was $1.7 million. Respondent called her friend Greg Viti, a realtor, and told him that she and petitioner were buying a house and that she had found one she liked. Respondent and Viti looked at about 25 houses over the next two weeks, and respondent would talk about the houses that she had seen with petitioner in the evenings and showed him the Cleveland house.

¶ 6 Respondent made numerous changes to the design of the house and began developing her designs the day she saw it. Petitioner did not purchase the house until he knew what design changes respondent was going to make to it, and respondent worked on those changes and their implementation on a daily basis until early 1998. Respondent worked with the architect and redesigned almost every room in the house to accommodate their family and provide bedrooms and washrooms for each of their four children. Petitioner did not object to any of respondent's design changes, and as respondent worked on the house, she believed it was "our house" and she was never told otherwise. Respondent, however, was not involved in negotiating the price of the house with Jay Metzler, the builder/developer, and was not present for the closing.

¶ 7 After respondent and petitioner became engaged, petitioner began paying the rent for respondent's Lincoln Park town-house. In April or May 1997, the lease ran out on the townhouse and respondent moved in with petitioner in his Highland Park house while the Cleveland house was being constructed. Respondent moved into the Cleveland house in October 1997, and her children lived there as well until they went to college. Petitioner moved into the Cleveland house full-time sometime in 1998.

¶ 8 In July 1998, respondent received a phone call from petitioner's ex-wife Wendy, who told her that petitioner was "a schemer" and had been bragging to her lawyer about how respondent's name was not on the title to the Cleveland house. Respondent called petitioner and told him about the conversation, and he responded that his ex-wife was jealous of her and that "you own our house. We own it together."

¶ 9 In 2004, the issue of whether respondent was on the title of the Cleveland house arose during marriage counseling. Petitioner told respondent that she was on the title of the house, and respondent went to the recorder of deeds and learned that she was not. Petitioner then told her that he would take care of it and that he had put the house in a land trust, but respondent did not know for sure whether he had actually done so.

¶ 10 Petitioner testified that he was living with his children in his house in Highland Park when he began dating respondent in January 1996. By that time, petitioner had decided that he was going to move to Chicago once his responsibilities to his children had been satisfied. His engagement to respondent, however, accelerated that move, and he began looking for a house in January 1997 with petitioner and Viti. Petitioner had a number of conversations with respondent regarding the purchase of the Cleveland house in January and/or February 1997, during which he informed respondent that he *380 would enter into the contracts to purchase the land and the house and take title, and respondent said that was "fine."

¶ 11 Petitioner was involved in negotiations with Metzler from January through March 1997, and respondent was present for some of those meetings. Petitioner entered into a contract to purchase the land on which the house was to be built on February 10, 1997, and entered into a contract to purchase the house itself on March 18, 1997. The property was titled in petitioner's name, and he explained that he had decided to purchase the Cleveland house prior to his marriage to respondent so that it would constitute nonmarital property.

¶ 12 Petitioner further testified that the closing occurred on March 15, 1997, and that he made a payment of about $415,000 with funds from his Mesirow brokerage account to purchase the land on which the house was to be built. Petitioner was also to make three payments during construction, the first two of which were for $428,333 and which were made on April 3 and May 30, 2007, with funds from his Mesirow account. The third payment was to be for $428,333, plus whatever extras had been built in by that time.

¶ 13 In March 1997, the in-house architect changed the plans for parts of the house based on requests made by petitioner and respondent. From June through October 1997 respondent and her children lived in petitioner's house in Highland Park. During that period of time, petitioner and respondent monitored the progress of the construction of the Cleveland house, and they moved into that house on October 7, 1997.

¶ 14 Petitioner recalled that he had a discussion with respondent regarding the title of the Cleveland house in 2002 in the presence of a marriage therapist, in which respondent informed him that she had been to the recorder of deeds and had learned that the title to the property was in his name only.

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Cite This Page — Counsel Stack

Bluebook (online)
958 N.E.2d 377, 354 Ill. Dec. 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-weisman-illappct-2011.