Legal Question in Family Law in Illinois

in 1995 i purchased a home with my then boyfriend. afterward i found out he was married. the title is joint tenant in common. now his wife is seeking divorce. in the petition it states that he touch the equity to pay her. what i would like to know is how the marital property laws in illinois will effect my ownership and any claims she may have on my property


Asked on 8/20/09, 12:42 am

1 Answer from Attorneys

Walter Palmer Law Office of Walter Palmer

The issue hinges on whether or not you are on the title, deed, mortgage, or note. The more of these you are on the better your position is. His wife could touch his share of the house you are living in.

You have confused two ownership terms - one is "Joint Tenant with Rights of Survivership" and the other is "Tenant in Common". They differ when one of the parties dies, which is not the case here.

Regardless, his share of the ownership of the property is a marital asset. She do several things. The court cannot require you to sell the house, but they can impose conditions which would require the house to be sold. Of course, you are legally allowed to buy his share of the proterty from him. Of course, the sale would have to be for a realistic amount under current market conditions. No sales for $1.00 would stand up and her lawyer would probably contest the sale amount regardless.

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Answered on 8/29/09, 1:56 pm


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