Legal Question in Real Estate Law in Illinois
Complicated Real Estate and Marriage question for the State of Illinois (restated):
I have restated this question more simply because there seemed to be an issue with interpreting alternative facts:
H (Husband) abandons W (Wife). At that time they own no real property. H and W were married in Illinois and were NEVER DIVORCED.
H then meets W2 ("Wife 2"). H and W2 either (1) marry outside Illinois, OR (2) never marry but hold themselves out as husband and wife. [Note these alternatives are essentially the same, as any "marriage" to W2 would be invalid, because a valid divorce was never obtained by H from his Illinois marriage to W.]
H and W2 then purchase real estate (a house) in Illinois, in joint tenancy. H later passes away, and W2 subsequently conveys the property to a purchaser. W knows nothing about what has transpired since H left her, and (obviously) has never lived on the real property in question. What were W's rights, as H's legal spouse, in that property originally when H obtained an interest with W2, and also later at the time of conveyance by W2 after H's death?
If the alternative of a bigamy marriage outside Illinois between H and W2, versus H and W2 never having married, still present an interpretive issue for some reason, then please assume the former situation has occurred.
1 Answer from Attorneys
Real Issue: If H and W1 were in fact never divorced, then W1 needs to open up a probate estate on H, become appointed as administrator (if no will) or executor (if will) and pursue W2 for deceased's interests in that context. Without a complete review of the facts and circumstances, the likelihood that anything positive will be the result is impossible to say. With H deceased, bigamy on its own seems to be without merit. If H and W2 actually never married, then you are back to the probate situation.
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