Legal Question in Real Estate Law in Illinois

I own a house with my ex and no longer live there but my name is still on the deed/mortgage. Do I still have any legal rights towards the home for example changes to the house that he is doing that I don't approve of.

Also I know one way of him getting my name off the mortgage is by refinancing the house in his name only. Can I make him buy me out of my half of the house?

Thanks,

Lucy Nguyen


Asked on 7/07/10, 9:24 am

2 Answers from Attorneys

Caroline Palmer Law firm of Caroline Palmer

You have the legal right to stop some changes to the house that you do not approve of. If the changes cannot be easily changed then both homeowners have to approve.

Refinancing the house would not change the deed to the house, just the responsibility for the mortgage, which are two different things. The only way to "force" you ex would be to go to court and that is a chancy thing. Unless there is an agreement to the contrary, the court would most likely force you and your ex to put the house up for sale on the open market then split the profits from the sale (called partitioning).

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Answered on 7/07/10, 12:46 pm

Caroline's statements are correct. I may add for the benefit of others or if you enter into an arragnement like this in the future that you consult with an attorney. An agreement could have been drafted inexpensively that would have provided a procedure to follow if one party moved out, or as is often the case, a couple living together breaks up.

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Answered on 7/10/10, 4:32 am


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