In re Marriage of Ugwu-Uche, 2019 IL App (1st) 190448-U

1. Case citation and parties
- In re Marriage of Ugwu‑Uche, No. 1‑19‑0448, 2019 IL App (1st) 190448‑U (Ill. App. Ct. 2d Div. June 18, 2019) (Rule 23 order; not precedential).
- Petitioner‑Appellee: Nnena Ugwu‑Uche. Respondent‑Appellant: Ugwu Uche.

2. Key legal issues
- Whether the trial court abused its discretion in denying appellant’s emergency petition for a temporary restraining order and preliminary injunction to enjoin sale of real estate the appellant claimed was nonmarital property.
- Whether the appellant carried his appellate burden where no transcript or complete record of the relevant hearings was provided.
- Subsidiary issue: application of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503) on classification/transmutation of property and the court’s authority to order sale pre‑final decree to satisfy support/other interim relief.

3. Holding/outcome
- The appellate court affirmed. The trial court did not abuse its discretion in denying injunctive relief. The appellant failed to present a sufficient record to demonstrate error.

4. Significant legal reasoning
- Preliminary injunction standard: moving party must show a clearly ascertained right, irreparable injury, lack of adequate legal remedy, and a likelihood of success on the merits (must raise a “fair question” on each element). Trial court’s injunction decisions are reviewed for abuse of discretion.
- Property classification: under 750 ILCS 5/503, property acquired before marriage is presumptively nonmarital, but post‑marriage acquisitions and certain transfers may render assets marital. Transmutation can occur (e.g., placing property in joint tenancy or transferring title), and the party asserting nonmarital status bears the clear‑and‑convincing burden to overcome the marital presumption.
- Appellate record rule: appellant must provide a sufficient record (transcripts or bystander’s report) for the court of review to evaluate claimed errors. Absent the record, courts presume trial rulings conformed to law and had a factual basis; any doubt from an incomplete record is resolved against the appellant. Here, no transcript of the hearing ordering sale or of the enforcement/denial proceedings was included, so the court could not find reversible error.

5. Practice implications (concise)
- Preserve the record: for interlocutory relief appeals (Rule 307) include transcripts or bystander’s reports of all relevant hearings. Failure to do so is fatal.
- When seeking emergency injunctive relief in family law, develop and document each element (irreparable harm, inadequate remedy at law, likelihood of success) with evidentiary support.
- Beware transmutation: title changes (quitclaim, joint tenancy) can create a presumption of marital property — challenge transfers promptly and document duress if asserted.
- Courts have authority to order sale of property pre‑decree in appropriate circumstances; litigants should consider alternatives (bond, seizure of other assets) and timely litigate classification at the trial level.