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


Asked on 12/27/06, 9:47 am

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

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.

Read more
Answered on 12/27/06, 11:54 am


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