Legal Question in Real Estate Law in Illinois
Who owns the home when kids do not live there?
My girlfriend was willed her home by her mother.The catch to this was my girlfriends two kids were granted equal ownership of the home in the will but the kids do not live there and have never taken financial responsibility for the home.What does my girlfriend have to do or is there anything she can do to gain sole ownership of the home.The home is located in the suburbs of Chicago if this helps to answer the question. Thank you in advace for your answers to this question.
1 Answer from Attorneys
Re: Who owns the home when kids do not live there?
Hello. In my opinion your girlfriend could file
a partition suit against her sons. This would
divide up or partition the property and position
her so that she could force a buyout of their
ownership portion. This happens a lot between
family members. This type of case is filed in
the Chancery Division which is the Court of
Equity. The process can take quite a while, but this can be done. I will be happy to
discuss this with you further.
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