Legal Question in Real Estate Law in Illinois

Re: house co-owner dispute

our question and the problems that you are facing are far too complex for this forum You really need to contact an attorney for a consultation.

Good luck

Re: house co-owner dispute

You really need a lawyer.

As a practical matter, it will probably cost you more to sue her for the $40,000.00 than you will ever recover from her.

You can file a partition on the real estate, but that will probably exceed the costs of the equity you have in the property. Although this would guarantee getting her out of the house.

You might want to consider filing a chapter 7 bankruptcy and starting out fresh. That would get you out of debt and rid of her.

email me if you have any questions.

Re: house co-owner dispute

Couples planning on living together without getting married need to take some steps before moving in together to protect themselves from situations such as this one, which are all too common in the modern era. A few simple documents can be drafted up to determine what will happen to all assets and/or debts should the relationship end. It's just common sense to take care of this stuff on the front end.

In any event, you have not done this and are now in the position of trying to sort out what happens to the house and the debt. Because the house and the debt are in your name, they are legally yours. You would be best served by trying to work somthing out with your partner, such as a move out schedule for her and possibly a repayment schedule once she gets on her feet again. Any such agreements should be put in writing so that if you need to enforce them later, you have a leg to stand on. With respect to evicting her, that process is not going to go as quickly as you think it will and will just cause bad feelings. You will make things worse on yourself and can likely expect no cooperation from your ex-partner if you initiate an eviction.