Legal Question in Civil Litigation in Illinois

personal real estate

i signed a real estate contract in '91 regarding a real estate parcel i owned since '89. it states that i put the downpayment down and that me and so and so have both been making the payments and will both continue to do so. also that in the event of one of our deaths the deceased party's estate will recieve her share. although i signed this contract, the other party did not contribute anything towards the mortgage,repairs,nor did she pay taxes. she was my domestic partner. i sold the building a few years ago and she is now suing me for the share she feels is due to her. as i said she never paid one penny. my question is, is she entitled to half even though she did not pay anything? and when is a contract not legally binding? i feel that i signed it under duress as she was my first love and was threatening to leave me - as stupid as it sounds.


Asked on 6/29/04, 8:18 pm

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: personal real estate

You should immediately hire a lawyer to help you respond to her lawsuit. Your lawyer will review the contract, and the circumstances you describe, and assist you in evaluating the claims and defending them. Generally, though, duress is not a defense to the signing of a contract unless you were placed in imminent physical harm unless you signed. Possibly losing your girlfriend, even if she was your first love, generally will not qualify as imminent physical harm, unless she, say, also put a gun to your head. Call me if you wish. Larry Stein (630) 221-1755.

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Answered on 6/30/04, 8:40 am


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