Legal Question in Real Estate Law in Illinois
How to gain full ownership or sell house when you cant find co-owner
A person I know co-owns a house in Cook County, IL. She owns it together with a gentleman. They are not married. The quit claim deed was filed such that if one of the owners passes away, the other gains full ownership (I think this is tenants in common). She has wanted to sell it for years, but we can not locate the other owner. We have tried everything (internet searchs, investigators, etc) but can not find him. She has payed the mortgage, taxes, etc by herself for years with no help from him. What can we do?
2 Answers from Attorneys
Re: How to gain full ownership or sell house when you cant find co-owner
It sounds like the parties hold title as joint tenants. If it can be demonstrated that her co-owner has passed away, title passes to your friend.
If that is not the case, or it cannot be determined, you will have to do a partition action. A partition action asks that the court divide the property in an equitable manner -- usually by selling the property and dividing the proceeds between the parties according to their ownership interest.
If the co-owner cannot be found, you will probably have to have him served by publication, which means an ad will need to be placed in the newspaper in the legal notice section on a number of occasions. These are all things that your attorney would do for you.
Re: How to gain full ownership or sell house when you cant find co-owner
You would have to file an action in Chancery in the nature of a partition action.
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