Legal Question in Family Law in Illinois
My wife moved out of the marital home while I was in the hospital. She filed for divorce 7 weeks later. I have filed my appearance and response. She is telling me I need to move out of the home so we can sell it because she can't get an apartment and pay the mortgage at the same time. I have offered to pay half of the mortgage like I always have and for some reason she refuses. She is on the mortgage and for some reason I am the only one on the deed. Can she force me out? Force me to sell?
We have been living together for 12 years and married for 6 years.
Thank you in advance, I am located in Chicago.
2 Answers from Attorneys
A court can order the sale of the property, but in this market, that may not happen (a sale that is). She moved out. A court may order her to pay one-half of the mortgage. You should discuss these matters with an atty as there are too many permutations to deal with on-line
No one can force the spouse to move out of the home, but it may or may not be in everyone's best interest to sell the home. It is difficult when an attorney only hears a couple of facts and is asked to make such an important guess.
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