Legal Question in Real Estate Law in Illinois

Common Law Marriage, Sale of House

My elderly mother and her companion purchased a home 10 years ago. My mother wants to put it up for sale due to ill health and break up with the elderly man, but he has refused to agree to sell the house. What can my mother do?


Asked on 12/07/08, 8:10 pm

6 Answers from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Common Law Marriage, Sale of House

Your mother could offer the other owner to buy her out. If that is not a likely possibility, then your mother can consult with an experienced real estate attorney to help her with a partition action (which will accomplish her goal of either selling the house or making the other party buy her out).

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Answered on 12/08/08, 10:16 am
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Common Law Marriage, Sale of House

Your mother could offer the other owner to buy her out. If that is not a likely possibility, then your mother can consult with an experienced real estate attorney to help her with a partition action (which will accomplish her goal of either selling the house or making the other party buy her out). By the way there is NO common la marriage in Illinois.

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Answered on 12/08/08, 10:17 am
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Common Law Marriage, Sale of House

Your mother could offer the other owner to buy her out. If that is not a likely possibility, then your mother can consult with an experienced real estate attorney to help her with a partition action (which will accomplish her goal of either selling the house or making the other party buy her out). By the way there is NO common law marriage in Illinois.

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Answered on 12/08/08, 10:17 am
Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: Common Law Marriage, Sale of House

Your mother can file a partition suit, I believe the othert attorney is right about that. But she could also in theory sell her part; the problem is finding any takers.

Please understand that this reply is being posted for informational purposes only and is not intended to be legal advice. Legal advice can only be given after reviewing all the facts of your individual case and is only provided to clients of the firm after a review of all necessary documents. This communication is not intended to create a lawyer/client relationship and I specifically state to you that you are not a client of the firm.

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Answered on 12/08/08, 12:14 pm
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Common Law Marriage, Sale of House

Both prior attorneys are right. However, common law marriage was abolished in Illinois over 100 years ago.

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Answered on 12/08/08, 1:06 pm
David Grisamore Law Offices of David T Grisamore

Re: Common Law Marriage, Sale of House

I concur with the other attorneys. I have handled some of these partition matters and although the cases is comparatively simple it can take time to reach a conclusion. You mother should have and attorney write a letter to the other gentleman right away to see if there is a way to amicably settle the matter.

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Answered on 12/08/08, 2:32 pm


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