Legal Question in Real Estate Law in Illinois

I'm in Illinois and my husband of 10 years will be purchasing our first home. He is financing it and his name only will be on the deed. He does not want me to have any legal interest in the home; one that I probably will be the main one maintaining and asked me to sign a notarized letter stating such. Now, he has changed this up and said he will be putting the house in trust. He claims this because he feels I am financially unstable and doesn't want my "student loans" to come back (which I'm Paying) and someone to sue him. Can he do this? If we divorce will my daughter and I be left in the dark?


Asked on 9/05/12, 7:37 pm

1 Answer from Attorneys
Stephen Messutta

He can try anything he wants, no matter how legally questionable or unenforceable. Frankly, there are very simple ways to purchase real estate as husband and wife and protect each other from the creditors of one of you; any real estate attorney should know this. Assuming you and your husband have enough of a relationship (for example you use the words "your daughter" and not OUR daughter so is this his child, or a step-child?) between you two, you should be able to suggest that you BOTH see an attorney about how best to protect both his and YOUR interests. FYI: even in a divorce where one spouse has put no money into the family home but has kept it up, raised children, etc., the divorce courts will consider the spouse to have special "equities". Bottom line, it sounds like he is afraid, getting bad legal advice, or none and poking around on his own.

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Answered on 9/06/12, 9:33 am


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