Legal Question in Family Law in Illinois
Family law
My husband divorced in 1977. House his ex and child lived in remained in both names and my husband paid the mortgage until paid off. Divorce decree reads ex may live in house ''As long as she desires'' It also says that at the time of sale both will share the proceeds. We now need the equity in the house as we have a child beginning college. Do we have a case to make her sell or buy us out?
2 Answers from Attorneys
Re: Family law
You would have to have someone look at the divorce settlement, nothing you've stated so far would require her to move out, but it is tough to say based solely on what you put in your question.
Re: Family law
Likely not. The terms of the divorce will control, and the situation you are referring to should have been considered and included in the order. If not maybe it is possible to void such provision.
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