Legal Question in Real Estate Law in Illinois

add name to title of a home

I recently married and moved into my husbands home which he owned with his ex. We wanted to pay off the mortgage so I checked with the county clerks office to make sure that the quit claim deed grantng him ownership from their divorce has been recorded. I am confused on where I stand in this scenerio and what to do to protect myself in the event of a divorce. We used my money to pay off mortgage that had both their names on, and property is in his name alone. Do we need to retitle property with both our names, am I protected because it is a marital asset although he has lived here much longer. Please advise me on what to do and how to go about it. Thank you very much for any help.


Asked on 3/04/03, 11:55 am

2 Answers from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: add name to title of a home

Your name SHOULD be added to title. This can be easily done via a Quit Claim Deed. I would suggest that each of you take title as Tenants by the Entirety.

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Answered on 3/04/03, 5:36 pm
David Shestokas Shestokas, & Associates

Re: add name to title of a home

You should have a deed executed by your husband granting the title to the two of you. It probably should be in the nature of a "tenancy by the entirety" which is a special ownership status available only to married couples. Regarding your protection in a divorce, you will likely have a claim, but a title change would give you better protection. You should also use counsel to do this, as there is specific language needed to achieve this. If you wish to discuss the matter I can be reached at 630-257-8280. Good Luck.

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Answered on 3/04/03, 10:15 pm


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