Legal Question in Family Law in Illinois

My husband had me sign a waiver of homestead paper, but I found out that I am not on the title to our home but I am on both the first and second mortage loan papers. How can I be on the loans for the home but not on the title. I was 22 when I signed this and I was told it was for the loan. We are now getting a divorce and am very confused. Please help! Also we are located in Illinois


Asked on 11/03/11, 5:46 pm

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

If the house was purchased during your marriage your waiver of homestead did not waive your interest in the property as marital property. Get a lawyer if here is equity in the house.

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Answered on 11/03/11, 5:49 pm
David Gotzh Law Office of David Gotzh

Title and mortgage are separate things. The court has no jurisdiction over 3rd party lenders.

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Answered on 11/03/11, 5:49 pm


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