Legal Question in Real Estate Law in Illinois

Complicated Real Estate and Marriage question for the State of Illinois:

H (Husband) abandons W (Wife). At that time they own no real property. At some point H either (1) goes out-of-state and obtains a divorce without proper residency and notice to W that would be invalid under Illinois law, or (2) never gets a divorce. H, in Illinois, then meets W2 ("Wife 2"). H and W2 either (1) marry in Illinois without a legal divorce having been obtained by H, or (2) never marry but hold themselves out as husband and wife. H and W2 then purchase real estate (a house) in Illinois, in joint tenancy or tenancy by the entirety. H then passes away, and W2 later conveys the property to a purchaser. W knows nothing about what has transpired since H went missing, and (obviously) has never lived on the real property. What were W's rights in that property originally when H obtained an interest, and also later at the time of conveyance by W2 after H's death?


Asked on 12/04/11, 10:11 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Seems like the facts have some peculiar "this or that" alternatives. Is this a homework assignment? If so, you should be doing your own research. If not, I would need to review the relevant documents, including the divorce decree or judgment, to give an answer.

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Answered on 12/05/11, 9:36 am


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