Legal Question in Family Law in Illinois

divorce and mortgage

Divorce final October 2007. House is on market. Both ex-spouses reside in the house with their two children until house sells. Mortgage and deed in both names. Husband has been paying entire mortgage payment since the divorce was filed almost 3 years ago. Wife has been paying utilities. Ex-wife recently decided that ex-husband is no longer welcome in the house, changed the locks, garage door opener and bagged up and gave him his belongings. What is his obligation in regards to the mortgage payment now. The divorce decree does not say. Is it now 50/50? He now needs to pay for somewhere to live. What if he can't afford to pay the entire mortgage payment. Does he have to? He did not choose to leave. Does she have the right just throw him out if it is still his house? Does he have any rights?


Asked on 1/11/08, 5:07 pm

2 Answers from Attorneys
John Steele Steele Law Firm

Re: divorce and mortgage

Neither party can throw the other out. Both have established residence in the home. If I was advising the husband I would say DO NOT MOVE OUT. If you did move out, get back in. Of course the man has rights.

Lastly, it is a good idea to get the house sold or have one spouse take it over. The current situation is too difficult.

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Answered on 1/12/08, 1:28 am
Joseph Michelotti Michelotti & Associates, Ltd.

Re: divorce and mortgage

Probably best to stop making mortgage payments until this is resolved.

Did she get an order to remove him from the house? That may be a problem for her.

Please feel free to use these resources:

email: [email protected]

web: www.michelottilaw.com

blog: blog.michelottilaw.com

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Answered on 1/12/08, 5:51 pm


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