Legal Question in Family Law in Illinois

rights to house/separation issues

Previously ''Living Together'' in IL (no ring, no contract, no common law, or marriage) for at least 15 years, I recently asked for separation via letter and in person (nothing signed by either of us). He was heading out on another trip. I couldn't rely on him to be here for me. We were living like roommates instead of lovers. I earned 80% of the income. The house that I purchased is in my name alone. I thought that I had rights to change the locks when he left recently. A local lawyer suggested that my ex still has rights to the house until I give him 30 days notice to vacate. Is this true that he could come back & live in my house for another 30 days? He has multiple insurmountable collections that he would like to come back & personally pack up. With no money, he would need to stay at the house. We would have to be under the same roof again. What rights do I have? How long do I have to give him to get all his stuff out of the house/garage? Can I personally pack all his belongings? He did acknowledge that I could start boxing some things, but he wanted to pack his personal belongings. I was to pay for a U-haul. Do I have any rights to his things that were purchased while we were together (possibly resell)? Could I get sued by him


Asked on 6/25/09, 1:11 am

1 Answer from Attorneys

Re: rights to house/separation issues

Ahh, this is a tough one. You are standing at the middle of the "what is legal vs. what is practical" intersection. What that lawyer told you is true, technically your ex would be considered a tenant in the eyes of the law. If he has contributed to the home it would be like paying rent in effect, and you essentially had a month to month lease. You should give 30 days' notice. When you say he left, what do you mean? Permanently? The property you purchased together is essentially joint property that would need to be divided. Once you provide the thirty day notice, you technically need to evict him with a formal court proceeding. If you sell items you bought with him, you would need to divide the money with him coming from those sales. As for being sued, anyone can sue anybody for anything...question is, can they win?

Bottom line, the legally correct thing is to provide a thirty day notice, then file an eviction action. Once the court grants the eviction, you can move his property out onto the parkway. You can box up his things and put them out of the home. But you should secure the court order first.

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Answered on 6/25/09, 10:55 am


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