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04/15/88 In Re Marriage of Jerrie A. Ackerman

April 15, 1988

IN RE MARRIAGE OF JERRIE A. ACKERMAN, PETITIONER-APPELLANT


APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

and Cross-Appellee, and JOHN W. ACKERMAN,

Respondent-Appellee and Cross-Appellant

522 N.E.2d 317, 168 Ill. App. 3d 438, 118 Ill. Dec. 862 1988.IL.550

Appeal from the Circuit Court of Boone County; the Hon. David Englund, Judge, presiding.

APPELLATE Judges:

JUSTICE INGLIS delivered the opinion of the court. NASH and REINHARD, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS

This is an appeal from a judgment of dissolution of marriage and distribution of assets. We affirm in part and reverse in part.

Jerrie A. Ackerman and John Ackerman were married in 1962. Once married, the couple moved into a house on East State Street in Rockford, Illinois. This home was owned by John prior to the marriage. During their marriage, the parties had three children. The youngest was 15 at the time of the separation, and the other two were emancipated.

In 1978, the parties purchased 72 acres on East State Street in Belvidere, Illinois. This was the site of the family residence at the time of the divorce. The purchase price in 1978 was $97,000.

In 1985, the residence on East State Street was sold for $200,000, out of which $172,000 was netted. The sum of $39,000 (plus interest ($42,000)) was paid to Production Credit Association. The sum of $100,000 was used to construct a house on the land in Belvidere.

In 1985, John and six siblings sold 74 acres of land which they had inherited from their father in 1974. John's share of the sale came in two installments, the first in May 1985 in the amount of $62,000 and the second in March 1986 in the amount of $68,000.

John placed the initial installment in an account in the Northwest Bank of Rockford in his name alone. John testified that Jerrie made repeated demands to have her name added to the account, and that when he told her he would not add her name to the account she left home for two days in August 1985. He further testified that she later returned and renewed her demands. According to John, she left again in September for a week and again in October for over two weeks. In November, John added Jerrie's name to the Northwest Bank account.

At the time of the parties' separation on April 21, 1986, the Northwest account had a balance of $63,000, of which Jerrie withdrew one-half. Jerrie also withdrew $5,795 from a checking account at the United Bank of ...


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