Legal Question in Real Estate Law in Illinois

Force Co-Borrower to Sell

I have a sticky situation. My significant other and I of 15 years own a home together. I want to end the relationship but he doesn't. So I plan on moving out with my children because he won't and is causing major problems! The other problem is I have paid 100% of the mortage since purchasing the home, 3 years ago. His entire monthly salary does not even cover the mortgage and taxes. Can I make him sell? What can I expect to pay for an attorney? Or should I call the mortage company, let them know the situation and see if they can start foreclosure proceedings? I have never been late on my mortgage. Please help!


Asked on 9/09/08, 11:21 am

1 Answer from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

Re: Force Co-Borrower to Sell

Your "situation" is indeed "sticky". And it is a natural outcome of living "together" without benefit of marriage. I don't want you to think that I'm preaching, but situations that are so rosy up front often turn ugly at the back end, like yours. Nevertheless, you do have legal options, but the costs for an attorney may be significant. Kindly know that a crystal ball doesn't work well when litigation is at issue. My computer tells me that you are in Algonquin (McHenry County or Kane?) and I'm in Roselle. If you wish, I can give you the name of an attorney who practices in Algonquin. Or you can contact your local county bar association for a referral. I wish you the best of luck!

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Answered on 9/09/08, 11:29 am


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