Legal Question in Family Law in Illinois

I want to relinquish my ownership rights to a home. I was given the home in our divorce. I have paid for the house and all it's expenses since April 2012. I have made $20,000.00 in repairs to get it ready to be sold. I had it on the market for 6 months and then removed it to make more repairs, however I cannot afford to make the other repairs.

My ex husband has hired a realtor to sell the property.

My name is NOT on the mortgage or on the deed. Can I legally give him the house back, and if so, what do I need to do?

I have a Transfer of Property Letter prepared to be notarized, but didn't know if that was enough legally since the divorce decree gave me the home. I was suppose to refinance the home in my name, but I wasn't able too.

I just want to be able to give him the house to sell as HE sees fit.


Asked on 4/02/15, 7:54 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Assuming he agrees to accept the house you will need a recordable quit claim deed. Simply transferring the house to him does not stop your obligations under the judgment unless he agrees to waive those rights. Simply giving him the house without his accepting the obligations of ownership does you little good..

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Answered on 4/02/15, 10:50 am


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