Legal Question in Real Estate Law in Illinois

Illinois is a homestead state. What papers does your husband want you to sign? You need to review those papers with a real estate attorney that represents you.

Can't say without seeing the paperwork, but what's the real issue here? Is this going to be your new marital home? A second home? An investment to rent? If he's saying he won't get the loan if you don't sign can mean usually one of 2 things: either you are already on title and the lender insists that all owners sign the loan papers (which means you have an ownership interest in the house), or he's relying on your joint credit for the loan (meaning whatever you may earn is taken into consideration). If the issue is (as your first words seem to suggest) that you are about to dump him and don't want this to go any farther, you will need to take the time and papers to work with an attorney who can represent your interests, not your husband's. And Illinois does have statutory rights similar to homestead.

You do not have to sign if you do not want to. Illinois is not a community property state, which means that unless the debt is for a necessity or you agree to be liable for the debt, only your husband is liable for the debt. If you sign the papers you will become unquestionably liable for the house and your husband will be able to use your credit score to help him get a loan which you will also be liable for.

What the homestead law does is protect a certain portion of a homeowner's rights in their property from their creditors. Illinois does have a homestead law that does this. In Illinois you may designate $7,500 of the home as your homestead if 2 or more people own the home for a maximum total of $15,000

What you will most likely be asked to sign is a mortgage and a truth in lending statement. If you do not sign the note, you are not liable for the debt. Period. The reason you will be asked to sign the mortgage is to waive your homestead right as described in Ms. Palmer's answer. In other words, if you moved into the house, and your husband failed to make the payments, you would not be able to claim a homestead interest in the property to avoid foreclosure. Federal law requires that anyone who signs a mortgage must also sign a truth in lending statement.

You hav e received good advise from the many other lawyers who have responded. It does sound like your husband may be misleading you or that there is a misunderstanding. I suggest that you have an attorney review whatever paperwork there is for you to sign os that you are sure to preserve your rights and limit your liability. Good luck.