Legal Question in Real Estate Law in Illinois
Mother bought a house with her boyfriend and they have split-up. He has moved out but still pays half of the mortgage. Mother is refinancing in her own name but ex-boyfriend will not sign the quit claims deed. Can the court force him to sign quit claims deed?
1 Answer from Attorneys
Is he misunderstanding or worried that the deed will be used without the property refinanced out of his name? Depending on the equity situation in the property, it should be possible to convince him that it is in his interest to be free of the obligation and that the deed can be deposited with the title company only to be delivered upon closing. Alternatively, he can be present at the title company and hand it over when he has assurance that the deal is done. If there is equity, then perhaps he is due some funds and that needs to be worked out. Even if he is not due anything, perhaps it would be less costly to offer him a small payment than to fight it (unless standing on principle is more important to you than the cost).