Legal Question in Real Estate Law in Illinois

I own an owner occupied property with my ex-boyfriend and he just up and left me with the kids and he is not helping to pay the mortgage and he left me with 3 kids and he doesn't care because he got remarried after he left me and the kids. Well, my issue is this I am 4 months behind on the mortgage that both our names are on and the property is worth less than what is owed on it and it needs a whole lot of work. I was told to have him quitclaim the property to me because my sister will help me catch the mortgage up but only if I have total controll and have all the interest in the property. What I need to know is since he got married after he left me and we are both on the mortgage and were never married does his wife need to sign the quitclaim deed?

Thank you


Asked on 10/20/09, 11:32 am

3 Answers from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

These are the perils of being unmarried. And although you have many issues, I do not believe that the "new" wife needs to be on the deed as this was never homestead property as to her. Good Luck.

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Answered on 10/25/09, 11:55 am
Joseph Michelotti Michelotti & Associates, Ltd.

Wife does not need to be on the deed as she has no homestead interest, but her signature would tie up any loose ends.

You need to go to the state and get child support started

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Answered on 10/25/09, 12:01 pm

I would talk with a title company and ask them.

Although, I don't think the signature is necessary.

Good luck.

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Answered on 10/25/09, 4:23 pm


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