Legal Question in Family Law in Illinois

My husband and I have been separate for four years. I am living in the house with two kids one whom is his and under 18 years of age. We brought our home together and at the closing he had a lien on his name where I was only able to sign my homestead rights. Today my husband placed a sign on my yard stating for sale from the owner with his cell number and never my consent. He left the home four years and as far as I know he has been paying the mortgage. Could he actually place the house on the market without my consent?


Asked on 7/01/10, 9:05 pm

1 Answer from Attorneys

Not sufficient information and parts of this doesn't make sense. But here's the thing: it may be legal if he's the owner. You need to take the first step then and talk to him, and if need be file for divorce to protect your interests in the house. Because if he's paying the "mortgage" but you've been paying for anything for the house (taxes, insurance, upkeep, etc.), you have at least some equitable interests to protect. You'll have to bring all the facts and information to an attorney who can sort through this with you. If you do talk to him first, my suggestion is that you just find out what's up and "why now"....and what his plans are, and make no veiled "threats", because if he's fed up or just wants out, he could stop paying the mortgage to have you over a barrel -- on the other hand the house may be worth less than the mortgage today.... It's just really unfair that he didn't discuss this with you first but then again maybe that was the problem to begin with -- he sounds like a controlling individual, even if he may be caring enough to keep a roof over his kids' heads. Good luck!

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Answered on 7/02/10, 8:27 am


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