Legal Question in Family Law in Illinois

Divorce-Property Resolution
In my divorce we have settled everything as far as property and are divorcing without using attorneys. I will be keeping the house, which my wifes name will still appear on the mortgage, she is going to get a quick claim deed to get her name off the title/deed of the house and the divorce papers will state that she is no longer responsible for the mortgage. My question is there something else I can put in the paperwork so if I decide to sell the house in lets say a year or even five, that I don't have to have her there to sign the paperwork at closing. I guess some type of "power of attorney" that since she is no longer responsible for the mortgage and is off the deed, that I can sign for her on the mortgage papers to sell the home.

Asked on 2/09/99, 8:52 am

Kimberley Klein Power Kimberley Klein Power, Attorney at Law

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Re: Divorce-Property Resolution

It's up to your mortgage company what they will accept. They might even allow you to do an "assumption". Check with them to see how to handle it.

Kimberley Klein Power

Kimberley Klein Power, Attorney at Law

525 West Main Street, Suite 130

Answered on 2/10/99, 2:41 pm

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