Legal Question in Real Estate Law in Illinois

I bought a house but due to circumstances it was titled in my husbands name. Go forward 20 years, house burns down. Got new house titlied in my name. Now, estranged husband living with girlfriend says the land is still his and he wants rent. Can he do that?


Asked on 6/19/11, 4:28 pm

3 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Is this a mobile home or a house?

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Answered on 6/20/11, 4:25 am

Are you two still married? How were you able to rebuild; with insurance money? There is so much information missing it is impossible to assist you. But here's the bottom line: if it was real estate titled in his name but you two lived there together and shared in its payments, upkeep, insurance, etc., you acquired certain "equities" recognized by Illinois law that would be confirmed in a divorce. And if you did get a divorce, then the court most likely has continuing jurisdiction to rule on matters like these. Get an attorney and protect your rights.

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Answered on 6/20/11, 7:18 am
Thomas Moens Moens Law Offices, Chartered

This is a strange concept, but houses are not "titled." Whoever owns the underlying land, generally owns any structure built on that land. There are exceptions, of course, but they are very rare. If he does own the land, you would have some interest in the real estate based on your marriage, and your expenditures in improving the land. You most certainly need to discuss this with a real estate attorney.

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Answered on 6/20/11, 10:50 am


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