Legal Question in Real Estate Law in Illinois
I own a house the mortgage, taxes, and title are all in my name. My ex and I both put money into the house, he has been paying the mortgage and I have been responsible for other areas/bills. At the closing all of our (mine and his joined) money was in his account therefore he signed a document stating he gifted the money to me. We have both put money into the house. Now that we are broken up he says he owns the house and wont leave yet only my name is on the mortgage and title. Does he have any legal rights to stay in the house?
3 Answers from Attorneys
If your name alone is on the title and mortgage then you are the only person who legally owns the house. Because your ex signed a paper stating that the money he gave you was a gift you are not obligated to repay him. Unless he has a lease stating he has the right to stay, then he has no legal interest in the property.
I am of the opinion that a valid argument can be made that a constructive trust exists and that your ex may have an entitlement.
Your divorce decree may have something to say about this. Have you looked at it?
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.
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