Legal Question in Family Law in Illinois

I was divorced about a year and a half ago and it was an uncontested divorce and I was given legal ownership of my condo that I purchased before marriage. I am now trying to refinance and failed to realize that my boyfriend at the time (now ex-husband) was on the original deed of the condo. I am not able to refinance now without his signature on some form from the title company. My question is I can't get in contact with him and how does this even hold up when I am the sole owner of my condo and it was stated in the divorce decree? Is there any way around this without having him sign anything or contacting him?


Asked on 9/07/11, 12:03 pm

2 Answers from Attorneys
David Gotzh Law Office of David Gotzh

If you were awarded title (Which is separate from any mortgage), you are allowed to go back into court and get a court order transferring title. BUT, you will need to file a proof of service, giving him notice of this - and no, there's no way around this part. Sorry.

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Answered on 9/07/11, 12:42 pm
Donald Boyd The Boyd Law Firm, P.C.

Ultimately, you may be awarded a Judge's Deed, or a court order with language that will satisfy the title company. You might want to get something specific from the Title Company before going to court so you know exactly what it is they are looking for.

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Answered on 9/07/11, 1:55 pm


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