Legal Question in Real Estate Law in Illinois

my house

i`m a 65 years old and my son & wife are in the title of the house,they are getting divorce & her lawyer wants to sell my house without my consent,i tried reverse mortgage to get some money out the house but is not enough for her she will not sign,close to foreclose i don`t want to move out of the house,my son lawyer said i need some legal help


Asked on 6/11/09, 8:39 pm

2 Answers from Attorneys

Re: my house

I agree with Mr. Moens. You need to hire an attorney to look into this for you. It is too complicated for this forum.

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Answered on 6/13/09, 3:19 pm
Thomas Moens Moens Law Offices, Chartered

Re: my house

It is unclear if the wife you refer to is your son's wife, or your wife. I am guessing it is your son's wife--if that is incorrect, please clarify and repost your question.

If all three of you are in title, your son's wife can only sell her 1/3 interest in the property, and it is unlikely anyone would buy a 1/3 interest in a residential property.

If only your son and his wife are in title, it is not your house, it belongs to your son and his wife. Again, she could only sell her 1/2 interest, but if your son agreed to go along with her, they likely can sell the house.

Your son's lawyer is correct, you need to hire an attorney. This forum will not suffice.

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Answered on 6/12/09, 3:04 pm


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