Legal Question in Family Law in Illinois
I purchased a house 1 year before my wife and I were married 10 years ago. She supplied the majority of the down payment, listed as a gift, but is not on the house title or mortgage. I have made all payments. Twice while we were married she signed mortgage papers waiving Homestead rights. Does she have a claim to the house if we split and am I protected if she files for bankruptcy?
2 Answers from Attorneys
Of course, she has a claim. She made the down payment and you paid the mortgage for 12 years with marital funds. Doesn't matter whether she is on the title or mortgage or whether she has previously waived her homestead rights. I am not positive with respect to answer if she files for bankruptcy but my best guess is that, baring unusual circumstances, the house is protected but I strongly suggest that you both consult with a BK attorney for a more definite opinion.
her interest in the house does not attach until she or you files for divorce. She can file a bankruptcy before that (at least 6 months before the divorce is filed) and not claim the house as an asset. ?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
