Legal Question in Real Estate Law in Illinois

Tenancy by the Entirety

My wife and i purchased our condo using tenancy by the entirety. We did not realize this until after the signing. It was my mistake by not having a lawyer.

Question 1 If my wife or I was to become incompetent can the spouse sell the unit without a lot of hassle?

Question 2 Can it be changed and should it be? Thank you for any help?


Asked on 4/01/09, 8:50 pm

2 Answers from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Tenancy by the Entirety

Question 1: No.

Question 2, Part 1: Yes

Question 2, Part 2: Depends

Who decided for you that you should be tenants by the entirety? This is a legal determination, and as you have surmised, there is no "one size fits all." Some title companies think they are being helpful by making this decision for people. My point is, you should definitely talk to an attorney, and maybe someone else can pay the bill for you.

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Answered on 4/01/09, 8:54 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Tenancy by the Entirety

Thank you for your questions.

1) Depends on the circumstances, although a power of attorney may correct the situation without a deed modification.

2a., yes

2b probably, although if your concern is incapacity, the POA would work better. If your concern is what will happen at death, the deed should probably be modified. Be sure to have a lawyer this time. You may feel free to contact me if you wish.

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Answered on 4/01/09, 11:02 pm


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