Legal Question in Real Estate Law in Illinois
Do I have to hire an attorney to have my ex wife's name removed from a piece of property that we co owned during marriage? We both still live in Illinois where the property is located. She and I are on good terms and the empty lot is mine in its entirety after the divorce.
3 Answers from Attorneys
It is highly recommended to have an attorney prepare the quitclaim deed so that it is done properly and doesn't end up being a problem later.
Is it required? No. Similar to it not being required that you have a medical professional take care of your appendicitis. If you are not familiar with what needs to be accomplished, having a professional ensure it is done correctly will be money well spent. Getting it wrong will cost you more to fix it in the future.
Certainly individuals have prepared and recorded deeds on their own in circumstances like this. Occasionally, it works out. Often, however, people come in after failing to meet all requirements on their own or, more importantly, mistakes are recognized later (e.g., there is a mess to clean up during a future transaction (when time is short), tax consequences are recognized, ...).