Legal Question in Real Estate Law in Illinois
My husband name is on the mortgage we are in the process of divorce he's trying to sell the house before the court case can he do this
1 Answer from Attorneys
There is not enough information here to answer this from a real estate perspective. Regardless, it may be a question better posed to a family law attorney (preferably the attorney handling your divorce) to fully protect your rights concerning property division. The fact of your having to ask this question emphasizes the need for competent divorce counsel.
From a real estate perspective, if the property is solely in his name (ownership, as opposed to the mortgage loan that you reference), then he may be able to get it sold, but not without some obstacles. If you are in title as well, then he will not be able to do anything without you. Even if you are not on title, he could have a concern with a "homestead" interest, which is usually dealt with through a spouse's signature in any conveyance of the property. He may also have a concern with the divorce coming up when the title company searches the public record and with certain statements he will be making in the documents he signs.
Regardless all that, your divorce attorney should be addressing this promptly. That is your course to protecting yourself in the circumstances. Real estate conveyancing leaves enough room that he could find a way to complete the sale and dissipate your marital assets.