Legal Question in Real Estate Law in Illinois

I have a complex problem. I am divorcing my husband. There are two properties involved. Before I filed the papers we made an oral agreement that I wouldn�t go after past child support, compensation for all the money he took, without my consent, from our join accounts and neither property in return for free rent on my apartment for life. The property manager drew up the lease and her and I signed them.

He has now hired a building manager who is now telling me the lease would not stand up in court. Luckily the divorce is filed but I have until August to pay for it. A court date has not been set as of yet

I have two questions:

Is this lease binding and if not what can I have drawn up to secure the oral agreement we made?

If this is not possible how can I go about changing the filed divorce papers from an uncontested divorce where I have relinquished all rights to one I ask for past child support, compensation for all the money he took from our join accounts and asking for the property I live in?

If possible could you give me a ball park figure of how these things would cost.


Asked on 4/25/12, 9:29 pm

1 Answer from Attorneys
Stephen Messutta

You admit that the "total deal" was based on a number of things and only one was for you to get free rent. While oral testimony is not normally allowed to modify a written agreement, it is clear that the free rent was only part of the "deal" and if all of the pieces do not fall into place as part of the divorce, then it is highly possible the lease also would not "stand up". Plus, depending on how the lease was written (a life estate?), it may be invalid on its face as violative of various conveyancing laws. But as you say this is "complex" and you are well advised to seek counsel to represent you in this divorce.

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Answered on 4/26/12, 9:10 am


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