Legal Question in Real Estate Law in Illinois
Partition Lawsuit Post Divorce
My ex is paying the mortgage late and dragging my credit down and has also acquired some liens on the property like not paying a roofer.
My current husband and I want to purchase a home at some point but have been told I'm not viable because of my current mortgage.
My divorce decree is pretty vague and says only that the X is responsible for all liens and upkeep and that he can keep the property until our youngest is 18. At that time property can be sold.
In order to avoid another long and drawn out family court saga in Cook County my question is this:
Since I'm bound by the divorce decree terms, can I quit claim my interest in this property say to my current husband who can then file a partition lawsuit??
1 Answer from Attorneys
Re: Partition Lawsuit Post Divorce
You could quit claim your interest to him, but that does not relieve you of the financial obligation of the note and mortgage. In other words, if you quit claim the property to him, you will no longer own the home, but you will still owe the money, and late payments will still affect your credit. The only way to get around this is for your ex-husband to refinance the property.
If you quit claim your interest to him, there will be no need for a partition suit. The purpose of a partition suit is to allocate ownership. If he owns the property, there is nothing to partition.
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