Legal Question in Family Law in Illinois
We filed for divorce back in December. We have not agreed to anything except that my spouse has sole possesion of the house. She has now taken out a loan and says she will expect me to pay half of it because we are still legally married, can she do that?
2 Answers from Attorneys
Do you have a lawyer? Or did you just let her file with her lawyer? In Illinois the filing of a divorce complaint changes joint tenancy ownerships into tenancy in common -- so that should one of you die while the divorce is pending the other doesn't automatically inherit. Instead, you each own "half" of the house. Maybe that was always the case but now for sure. A lender could be lending against her "half", but that would usually mean only "half" of what a full mortgage loan might be. It's really up to the lender. But even so, if she expects you to pay she should show you all the papers so that you know what is really going on -- my thoughts above may be incorrect and the loan may attempt to extend to your interests, which would be a problem, right? And why you may want to have a lawyer look at everything maybe????
It really surprises me that people think they are saving money by not having an attorney and then they get stuck with financial hits like this. You need to immediately file a motion with the court asking for several things, including enjoining her from doing these sort of things and having her give you half the money she borrowed. I can assure you she is not done doing this sort of thing. If you have assets in your marriage get an attorney.