Legal Question in Family Law in Illinois

My brother's wife took their son and moved out of the marital home several months ago. She has been living in a home she co-owns with her sister. Now she wants to move back into the marital home and is demanding that he leave. He is unemployed, living on side jobs, and does not have the money to move out. His wife who earns nearly six figures stopped paying the mortgage months ago and he just learned they are facing foreclosure as well. What are his rights to remain in the home? What will she have to do to force him out? Does he have any right to see his son during this time? Right now, he only gets to see his son by hanging around the schoolyard when his wife drops off/picks up the child.


Asked on 10/05/10, 7:45 pm

2 Answers from Attorneys

Your brother needs to seek legal help; you can't represent him. If he is co-owner of the house, he has a right to be there unless ordered out through foreclosure, divorce proceedings, or other reason. If he wants to see his son he may have to file for divorce himself. But when he is unable to fend for himself, I will take a wild stab and say he has not hit bottom yet and needs to get his act together. It's about his son, not him.

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 currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 10/12/10, 6:41 am
Jonathan Shimberg Shimberg and Crohn, P.C.

Even if he is not a joint owner he has the right to stay there until a judge tells him otherwise. He has an equal right to custody of his son, and clearly has the right to visit with him. he needs to obtain representation to enforce his rights.

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Answered on 10/13/10, 1:51 pm


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