Legal Question in Real Estate Law in Illinois

If you split up you would not be entitled to half the house unless your name is on the title. You could have your fianc� convey half his interest to you after marriage, or you could get an agreement from him in writing stating that in the event of a breakup you would be entitled to an interest in the house equal to the amount of the mortgage you paid. If you choose the second senario, I would strongly suggest keeping a log of all the payments you make.

So many questions come to us from folks who have gone into these kinds of situations with NO agreements, and every one is a horror story. That doesn't mean yours will be, and I'm sure there are (hope?) just as many that work out. If the two of you are adults, you will sit down and figure a simple agreement together, that works for each of you. Remember, at its basis marriage is a contract too, even though it does morph over time.... For a lot of folks, the big deal breaker is over the wedding plans.... maybe this will test your ability to be partners as to money matters. It will also test your level of honesty; saying things about your fears even though you are destined to get married. The big issues, by the way, will be (1) if you both sign a mortgage, undoing that, and (2) having the money to buy the other out. There are ways to deal with it but your individual situations will dictate a lot of how it all falls into place. Best of luck!

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.