Legal Question in Real Estate Law in Illinois

My ex and I are divorced. We own a house in both our names (we are still paying it). It is currently being rented. He has never paid the mortgage. I have always paid it while we lived there and even now that it's rented, I pay the $300 difference to make the mortgage. I have bank statement proof that shows I've made the payments of the eight years since we purchased it. I want to sell the house and he is now claiming he wants half of the money. What can I do? The house is in Austin, TX.


Asked on 8/19/14, 8:25 am

2 Answers from Attorneys

Michael Goldberg Johnston Tomei Lenczycki & Goldberg LLC

This is a complicated question and I recommend speaking with the attorney that handled your divorce. Oftentimes the divorce decree will outline who gets the property, and what steps need to be taken in order to effectuate that transfer (for instance, the spouse relinquishing custody must sign a quitclaim deed).

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Answered on 8/19/14, 10:06 am

I agree w/ Mr. Goldberg. There SHOULD be a marital settlement agreement as part of the divorce decree that sets out your respective rights and obligations with regard to the property. I have seen terribly drafted settlements, however, and attempting to go back to court to modify the decree may be difficult and costly. Do see an attorney -- and perhaps two -- first I would have a real estate attorney review the settlement, and if he/she does divorce work great, but if not have a divorce attorney then give you an idea of what it might take to get the settlement modified..... Since the property is in Texas, by the way, was the divorce HERE or THERE? If here, you'll want Illinois counsel. If Texas, well, you'll want Texans. It may not be worth your while, or it could be.

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Answered on 8/19/14, 11:48 am


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