Legal Question in Real Estate Law in Illinois
common law purchase of personal residence
What is the law concerning common law purchase of home by each individual? How does it differ from a married couple. What if any legal ramifications are there if one participant leaves the home and stops paying their share of mortgage?
Thank you, E.L. Thomas
1 Answer from Attorneys
Re: common law purchase of personal residence
When two people buy a home together
in Illinois and they are not married,
the law that applies, if they split
up, is equitable in nature. One would
have to file a partition suit to divide their interest based upon the
amount of their financial investment.
This is a complicated process and a
lawyer should be retained to assist
in resolving the issues. Of course,
if one stops contributing to the
mortgage, both are still liable and
a foreclosure will follow, if the
monthly obligation is defaulted on.
This is when the aggrieved party begins the partition proceedings. I
will be happy to discuss this with you
further and in more detail.