Legal Question in Real Estate Law in Illinois

Husbands and wives are generally responsible for the debts of the other. Husbands and Wives can also contract for debts that commit both to repay. On the whole, Illinois as well as most states, takes the old-fashioned view that the Husband and Wife are one economic unit.

The loan company want as many signers as possible in case there is a default. They want their money back and don't want her to be able to claim that she did not know what was happening down the road.

The lender has no absolute right to require you to put your wife on title. However beware that in Illinois a creditor can go after both of you for what are considered family necessities, and one is usually rent/mortgage.

The lender has no absolute right to require you to re-apply for joint credit unless you fail to meet the requirements on your own.

Separate lending and mortgaging is done all the time. What they may want is for her to join in the mortgage, however, so that in the event of some later issue, they can easily foreclose out her interests and not wind up in some legal battle over whether she may have acquired any special "equities" in the property in case of a divorce.

Of course they will ask. Ask them for the legal basis of requiring you to do so, however. if there's something we're missing here, they ought to tell you.

While I am an active member of the Illinois Bar, this Answer is intended solely as a courtesy to the Questioner based on an incomplete set of facts, so that the Questioner can be encouraged to obtain proper and complete legal advice based on all of the necessary facts.

This is not meant as a definitive answer but a general narrative to assist you in heading in the right direction. Any law cited or referred to specifically or generally may or may not apply to a specific set of facts. We nevertheless hope this is of some help to you.