Legal Question in Real Estate Law in Illinois

Responiblilty of Rental House

If the husband of a married couple purchases a rental house and specifies that the wife does not have any rights to the homestead, what will happen to the house if the husband would predecease the wife. Will the wife have to sell something to pay the rental in full?


Asked on 3/17/08, 6:28 pm

2 Answers from Attorneys
Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: Responiblilty of Rental House

I assume by "rental house" you mean the couple did not live there. If so, there are no homestead rights anyway because it's not considered homestead property. As far as the wife's rights, it depends on if there's a will and if so, what the will said. If there's no will, it passes by "intestate" succession (meaning no will). Although I'm not an expert in probate, I believe half would go to the spouse and half to the kids if there's no will.

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Answered on 3/18/08, 2:12 pm
Peter Olson The Olson Law Firm, LLC

Re: Responiblilty of Rental House

Just like any property that you'd own individually, it would pass through your will or by intestate statute if you didn't have a will.

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Answered on 3/17/08, 6:30 pm


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