Legal Question in Real Estate Law in Illinois

I am getting divorced. We were married for two years. My wife took out a mortgage on a home 3 months before we were married. I moved into the home and lived there for two years. She packed my stuff and threw me out. Her attorney wants me to sign a paper that says's I am forever barred and foreclosed from making any claims for homestead rights, dower rights, inheritance and any other property rights arising out of the marriage. She put the home into a trust and we are in bankrupcty together and we were paying the house payment through the bankruptcy. What rights if any would I have to the property. I am in Illinois.


Asked on 12/09/10, 10:38 am

2 Answers from Attorneys

More info is needed and this is no forum for that kind of complex situation. You may NOT want to be involved in the house at all, but if you are in bankruptcy too you may want the issue of the house settled. One thing seems to indicate you have some kind of rights in the home (perhaps not in the house itself but in its value) under Illinois divorce laws as you contributed to it. Hire an attorney to protect you properly.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 12/15/10, 8:22 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I agree with Stephen. Your situation is far too complex for this forum as you are seeking advice in three distinct areas of the law-real estate, bankruptcy and family law.

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Answered on 12/25/10, 6:11 am


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