APPEAL from the Circuit Court of Cook County; the Hon. WILLARD
J. LASSERS, Judge, presiding.
JUSTICE JOHNSON DELIVERED THE OPINION OF THE COURT:
Respondent, Frank Hofstetter, appeals from an order granting exclusive possession of the marital home to his wife, Ursula Hofstetter, petitioner. Respondent raises the following issues for review: (1) whether there was evidence sufficient to justify the granting of exclusive possession of the home to the wife; (2) whether the grant of exclusive possession was proper where the home was alleged to be non-marital property; and (3) whether the order granting exclusive possession was proper.
The parties were married on December 26, 1972. On March 9, 1981, Ursula Hofstetter filed a petition for dissolution of marriage from her husband, Frank. Petitioner alleged that on March 1, 1981, respondent beat and struck her; that she had no place to live; and that it was dangerous to her physical, emotional and mental well-being to reside with her husband. She asked for exclusive possession of the marital home during the pendency of the dissolution action.
On March 26, 1981, both parties testified at a hearing to determine whether the wife should have exclusive possession of the marital residence. Mrs. Hofstetter stated that she had lived with her husband at their home at 5527 North Christiana, Chicago, for 10 years. On the morning of March 1, 1981, the couple had a quarrel. Mrs. Hofstetter testified as follows:
"[THE WITNESS]: A. When he gets up, he started to screaming at me, where is the breakfast, okay, so I put the water on the stove and I start to making one and he hollered and hollered and started hitting me.
[MR. LIEB]: What did he hit you with?
A. With his fist and he has a gun at home.
BY MR. LIEB: What if anything did he do with the gun on this occasion?
A. He beat me over the head with the gun, with his fist and made lots of bruises on my body and he kicked me and I was crying, I was upset. Then later when my mother called me, he shot —
MR. HOFSTETTER: You are under oath.
THE WITNESS: I am, that's right. You did this twice.
THE COURT: You talk to me.
BY MR. LIEB: Now, when you said he hit you with the gun, what part of your ...