In re Colton

Thomas L. Perkins, United States Bankruptcy Judge

This matter is before the Court on the objection filed by the Chapter 7 Trustee, Nina Gougis, to the homestead exemption *831claimed by the Debtor, Heidi Colton, in residential real estate located in Washington Illinois that she owns jointly with her husband, Jeff. The basis for the objection is that the Debtor did not occupy the property on the petition date as she and Jeff separated prior thereto, having agreed that the Debtor would move out of the marital home. While Illinois law places a condition of occupancy on a person's homestead exemption…