Legal Question in Real Estate Law in Illinois

My exboyfriend and I purchased a house together in 09'. It was my money that was used for the down payment ($25,000)and he was not put on the deed until a few months ago. We no longer are together and he says he can force me to sell the house so that his name is no longer on it. Which is fine, but would I have to split the profit with him or is there a way I can get his name off of it without having to give him any money or selling the house? I believe that he talked me into putting him on the deed for that reason, because he has threatened me with it ever since we split.

Thank You,

Carmen McLaughlin


Asked on 8/01/11, 9:36 am

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

Essentially he is correct, however, he does not necessarily own half. Provided you can prove you made the downpayment, that you made the house payments, paid for repairs and improvements, etc., he may not be able to demonstrate that he owns any of the equity in the property. He may be liable for rent for the period before you put him in title. Yes, it is possible you may be able to remove his name from title to the property without giving him money or selling the house, but you will need to discuss the specifics of your situation with a real estate attorney.

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Answered on 8/01/11, 2:14 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I agree with Tom. Also, if you should decide to live with someone again, be sure to use a cohabitation agreement so that you can avoid this kind of situation in the future.

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Answered on 8/06/11, 5:13 am


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