Legal Question in Real Estate Law in Illinois

I recently purchased a home (August 2010) with my now ex-fiance. One day in September, he told me, "Don't come home if you know what's best for you." I didn't. I haven't returned since. The locks were changed and i was unable to access the house or any of my personal belongings unless i made arrangements with him. In October, he packed a lot of my personal belongings at sat them out in the driveway. I did not pay my share of mortgage for the month of November.

I've just paid my half for December, I still do not reside there. Yesterday, December 9th, I went to the house only to find the screen door locked and the locks changed to the entry door of the garage. We have "agreed" to put the house up for sale in February, but i'm not so sure he'll be compliant. My question: What are my options? (I don't want any parts of the house.)


Asked on 12/10/10, 8:55 am

3 Answers from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

I would bet that you would like to get the $ that you paid in, paid back to you. You need a lawyer...no kidding. I noticed that you live in Peoria. Not anywhere near me. But I know a lawyer in Peoria that could help. If you like, you can call, and I'll give you her number.

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Answered on 12/15/10, 6:33 pm

Hire a lawyer. You probably will have to file what's called a "partition" suit to protect all of the monies you put into the place, and need to be concerned about the possibility of the mortgage being more than the house is worth, plus interim taxes and other bills if they have not been paid in full.

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, 8:29 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Stephen is abasolutely right. You may want to read my blog as I discuss cohabitation agreements at some length in a few of the. www.todayslawalert.com

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Answered on 12/20/10, 3:05 pm


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