Legal Question in Real Estate Law in Illinois

As you said, you are not on "title, deed, or the mortgage". So your ownership rights are something akin to "contingent".

1. You say the two of you purchased the new home "together". But you don't say if you both signed the purchase contract, both attended the closing, and/or both signed any closing documents. While it doesn't sound like it, why do you consider it to have been "together" unless it just was that the two of you agreed on the house that he then bought. Then again if you did sign the purchase contract, those rights had to have been dealt with no later than closing. Did you assign your rights to him? Sometimes contractual rights "merge" and disappeared at closing if a contracting party doesn't wind up on the deed. It may have had to do with loan underwriting, timing of the closing, etc. You don't even say whether the closing was after the marriage.

2. At the present time, if your husband has no will, and you have no children, and he dies, you would inherit the house as his sole heir. If you have children, the inheritance would be "split". Even if he made a will and didn't give you the house, you could "renounce" the will and get the house but other things may be compromised.

3. As you two move forward together as a couple (hopefully and congrats by the way), as you both contribute toward the house (presumably) your contributions will give you "equity" (not like the cash equity you have to put down to buy a house but rather "equitable rights"). But this depends on the longevity of your marriage and how much you contribute (raising children in the home is certainly one way). Assuming the home was purchased after the wedding, and the two of you live in it together and you are contributing....you are "building" that kind of equity, but in a year old marriage, the equity may be considered nominal at best.

>>> But the real question is, why are you asking a third party, especially on the web, for "free", unless your husband is not willing to discuss the issue? Your husband ought to be the first person you would talk to about this. Perhaps he had ideas about using your money from your sale (if you actually came away with net proceeds which today is sometimes a miracle!!!) to invest in something else. Assuming you did walk away from your closing with any net proceeds, where did that money go? Into your own separate bank account, or a joint account? Maybe he thinks this will be simpler this way and not require wills and such. But the same can be accomplished by deeding the house from him alone to the two of you as joint tenants or as husband and wife by the entirety -- all he'd need is the lender's ok, and the lender may require you to sign on the mortgage. Maybe he thinks this way your own assets are safe in case things with the house loan go sour. Maybe his and your credit didn't work for the purchase. I don't know but I'm trying to give him the benefit of the doubt but you ought to talk to him about this!!! Good luck!