Legal Question in Real Estate Law in Illinois

Fianc� and I purchased home several years ago. We never married and since split up. She lives in house because she paid downpayment. I've made payments with her ever since. I have several hundred thousand in it. I just want out now so I can buy my own place. I still pay half even though I dont live there. How do I get out of this mess? She still has engagment ring too! Thx


Asked on 8/01/11, 12:46 pm

1 Answer from Attorneys

Let's take one thing at a time.

Home: If you AND she are on title, marital status may be irrelevant unless there was some kind of agreement that the purchase was in contemplation of marriage. The reason I say this is that she might claim your contributions amounted to a series of gifts. Assuming she does not attempt to take that route, your situation amounts to an oral partnership for joint or common ownership of real estate and your opt-out option may be what's called a lawsuit for "partition" that can eventually lead to a forced sale of the home. In the current market that could hurt both of you, and if the two of you also signed a mortgage loan, that could be an issue.

Ring: This would definitely be considered a gift in contemplation of marriage, and if she broke up with you the courts generally say she should give it back. But again there are some twists and turns.

Get thee to an attorney with whatever paperwork you have on the house along with whatever evidence you have of your contributions and the ring. It may be easier to settle with her on both issues to avoid a possible "upside down" loan situation where neither of you can buy the other out because of the inability to refinance by herself or yourself. An attorney can also discuss the possibility of both of you retaining title but figuring out what your ownership obligations are versus the fair rental value and allowing her to remain in possession while possibly paying you rent on "your half" assuming it was 50/50. The equity issue may be separate.

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Answered on 8/02/11, 12:24 pm


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