Legal Question in Family Law in Illinois

My husband and I have filed for a divorce in Illinois. We have a house mortgaged in both our names. I currently live in the home and make payment on it keeping them a month in advance, he has moved and financed a new home. He wants me to take his name off our current mortgage but I can't get it refinanced in only my name. Will the judge allow me to keep my home or will he make us sell the only home my children and I have?


Asked on 4/02/13, 7:55 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

I doubt that any judge will force you to sell the home so long as you stay current in your mortgage payments. I wonder how he bought a house with you signing anything - unless he claimed to be single - interesting - note that home is marital property too.

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Answered on 4/03/13, 4:47 am


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