Legal Question in Family Law in Illinois
I am from illinois. Before marriage, my husband had non marital fund savings. After the marriage, we bought an apt in Chicago this Aug and I am moving to Chicago to work soon. The dowmpayment of this house would paid by my husband using his non marital fund. And we have decided to pay the loan together using our marital fund earned by us in our future years. However, when we apply the loan, he said I don't have credit score in US now so that it is hard to get the mortgage. He told me I cannot obtain a general warranty title since I am not on the mortgage. He can only transfer a shared title to me by a quit claim title.
My question is that
1. if we get divorced in several years, do I get any interest of this house base on the above situations described above? P.S. The house was bought because of our marriage. Would the down payment be most possibly recognized as separate property or marital property? I read something online saying that the separate property is property that was acquired prior to the marriage or during the marriage by separate gift or inheritance. however the fund used to pay the down payment is not inheritance nor separate gift.
2. We are paying loan together, but the mortgage is solely under his name. How do I prove that I also paid part of the loan
3. Since my quit claim title is a unwarranted title and I only have any interests he actually has. if my husband wants to secretly sell the house later, can he sell the house without my agreement?
1 Answer from Attorneys
You need to retain an attorney. There is a presumption that anything acquired during a marriage is marital property, but that presumption can be rebutted. Did he quit claim the property to you and he? That transfer may be a violation of the mortgage. There are too many issues to discuss in this short media.
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