Legal Question in Real Estate Law in Illinois
My husband who I have been separated for years is about to purchase a home with a divorced woman who believes he is single because he made a fake divorce decree.
My question is will this be possible and do the mortgage lender care if he represents himself as single when he is married. Would I have any claim to this property since he is using joint funds to buy this 500,000 home? Thank you
1 Answer from Attorneys
The mortgage lender will certainly care that your husband is still married to you. He will have to reveal that information to the bank on his application. Furthermore, the bank may ask you to waive homestead rights in the property, meaning you may have to sign the mortgage documents for the deal to go through.
Additionally, if the money being used by your husband to purchase the house is marital property, then yes you may have some right to the property.
The best thing to do at this point is to seek a divorce attorney immediately and get a divorce. The process will divide your marital interests so that he cannot use property that rightfully belongs to you.
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