Legal Question in Family Law in Illinois

transfer of house

I and my husband own our house. He makes the mortgage payments as I just work part time.Now my husband is getting the house refinanced from his best friend. He did not ask me to sign any papers or provide pay stubs etc. I am planning to divorce him in the near future. He does not know that but maybe he has a hunch.Is it possible that he is transfering the house to his name only? Can he do that? If yes, what should i do. If the house is in his name do i get anyting when we divorce?


Asked on 11/24/07, 9:49 am

3 Answers from Attorneys

John Steele Steele Law Firm

Re: transfer of house

If he has a hunch AND is refinancing the house, it is likely the two are connected. In the state of Illinois, both spouses need to sign the mortgage paperwork (normally). There are easy ways to prevent any refinancing of the house without your involvement. Dont forget that the bigger issue is if he takes the money from the refi, and you cant find it later, you will lose equity in your marital assets. If you are planning a divorce, now is the time to sit down with a matrimonial attorney and plan out the steps to insure everything goes according to YOUR plan, and you are in control.

You can contact our firm to ask more questions or get our web blog site that you may also find helpful. In any event, good luck with this trying time.

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Answered on 11/24/07, 9:57 am
Joseph Michelotti Michelotti & Associates, Ltd.

Re: transfer of house

if you email me the address we can find out who is in title. If someone signed your name on a deed it is a crime. You can email me with your other questions.

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Answered on 11/24/07, 12:05 pm
Tony Kalogerakos Kalogerakos & Associates LLC

Re: transfer of house

Generally, all parties must sign on any tranfers. However, to prevent any downfalls, you must protect yourself, and contact an attorney to better assist you with the process. Thus, you can minimize any loss, or eliminate any loss which may, or will occur.

Dan

www.kalolaw.com

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Answered on 11/24/07, 1:08 pm


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