Legal Question in Real Estate Law in Illinois

complaint for partition

Two years ago my fiance and i purchased a home. We had lived together for just over a year. He was out of work and i was supporting the two of us during that time. He received a settlement from a lawsuit and made a gift to me of 56k for the downpayment on the home. Because we were engaged both our names are on the warranty deed altho the mortgage is only mine. Two months later he married another lady and moved out. He will not take his name off the deed unless i give him at least 26k. The gift letter states that it is a gift and he will not request or expect repayment at any time ever. If i file a complaint for partition how much weight will that letter carry in court?

Asked on 4/27/04, 4:34 pm

1 Answer from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

Re: complaint for partition

On the date of the proposed hearing, on what side of the bed will the judge get out of? You are speaking of an issue of the weight of the evidence, not whether it is admissable.

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Answered on 4/27/04, 4:50 pm

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