Legal Question in Real Estate Law in Illinois
I'm disabled. My ex and I own a condo as the divorce agree. dictates. The Loan is in my ex's name, and she takes the rent and supposed to pay the mortgage with it. However, I suspect she is taking the rent and not paying the lender. It's recorded in both are names. Q-- can she sell it without my signature ?
Or, Q # 2 - let go into foreclosure, meanwhile collect the rent for 6, 8 months, and claim bankruptcy?
What's your advise ? I don't have money, as I'm living on my disability, $ 1,000./mo.
1 Answer from Attorneys
She can probably sell HER interest in the property without your signature. She cannot sell YOUR interest in the property without your signature unless she is your legal guardian.
Why don't you tell her that, from this point forward, you would prefer to write a separate check to the mortgage company? That way, you can simply hand her a check that's made to the mortgage company instead of giving her cash. Or you can pay the mortgage company directly instead of giving money to her. It may be a hassle, but your contribution is better accounted for.
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