Legal Question in Real Estate Law in Illinois

My wife and I have divorced and the house was in both our names. She removed her name from it without letting me know and left only my name in deed. Is it legally possible?

Thank you.

Asked on 7/01/13, 6:22 am

2 Answers from Attorneys

Lela Davis Law Office of Lela J. Davis
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It is possible that she may have recorded a quit claim deed from herself to you or someone else. It is hard to state more as yu have not indicated how the property was held.

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Answered on 7/01/13, 6:53 am
Henry Repay Law Offices of Henry Repay
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To have a valid deed, there has to be an acceptance. In other words, I could not suddenly make you the owner of my property by signing and filing a deed. If that is what occurred, then that deed can be argued to be null.

It is not clear where you are heading with your question. If there is a loan on the property in both names, deeding the property would not impact the loan responsibility regardless the validity of the deed.

Also, it is important to consider how the property was to be dealt with under the terms of your divorce. That may impact the considerations.

You should schedule a consultation with an attorney in your area, one experienced in both real estate and family law would be a good choice.

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Answered on 7/01/13, 7:15 am

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