Legal Question in Real Estate Law in Illinois
Husband buys home prior to marriage and holds title to the property in his name alone. After marriage, husband refinances and wife signs waiver of homestead rights. She is not placed on title nor on the mortgage. Husband wants to sell the residence in which they both live. Must wife sign the warranty deed to transfer title in a property in which she does not hold title, after having already waived homestead rights in a mortgage? Illinois law
3 Answers from Attorneys
Yes she has marital homestead rights over and above statutory homestead rights.
I think that the proper answer to this question would depend on whether a proceeding for Dissolution of Marriage was filed.
Just because she is asked to sign a deed solely to waive homestead rights and give a buyer clear title does not automatically give her rights to proceeds if that's your concern.
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