Legal Question in Real Estate Law in Illinois
My partner and her ex own a house together but are selling the house. neither one of them lives in the house they are selling. My partner's ex decided to put $3400 worth of improvements/fix-ups in the house on her own. Her ex did not ask my partner to pay for half of the $3400 nor did the ex ask if the improvements should be done, she just did them. When the house sells, the ex wants her $3400 back after everything is paid (like paying off the house and the realtors commission and closing costs) and then she would split the rest of the money (IF ANY) after she gets her money. I think that if there is a profit it should be split equally in half whether it covers the $3400 or not. How can I make sure the money is split equally first before the ex takes out the $3400? Or does the ex have the right to take the $3400 out first?
1 Answer from Attorneys
1. You should stay out of this issue; it is between your partner and her ex.
2. I don't know how you determine a profit here. If there is a "profit" to be had, your ex would be extremely lucky in today's real estate market.
3. Illinois law allows owners to file for mechanic's liens, but apparently the ex- was good-natured enough to not care about that. And it sounds like, but I can't be sure, it's probably way too late anyhow.
4. My thought is that the "best" way to handle this is to split the net proceeds, whatever they are, and for your partner to reimburse the ex $1,700.00 out of your partner's share. Then there's no dispute as to whether the improvements helped out with the price, or what. But it will still take the ex's ok.
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