Legal Question in Real Estate Law in Illinois
Someone please help me!
I have a little problem. I own a home with my significant other with whom I have three children. I pay 100% of the mortage, tax and insurance. The mortgage payment is taken directly out of my personal checking account every month. Him and I are pretty much at the end of the road and I want him to leave or leave myself. I know that if I leave he will destroy my home-he has done this in the past. But I know making him leave will not be easy at ALL! I will plan on getting a restraining order against him as I know this will be VERY ugly and I'm a little nervous. So I would really prefer him to go. I am aware that i can file a partition which would make him sell the home. My question is, is there any way I can stay in the home, and keep making the payments (as I've done in the last two years) even if he does not want me to considering I am the mother of his three children and they live there as well. Thank you.
2 Answers from Attorneys
Re: Someone please help me!
I agree with the other lawyer who answered your question. I would add that you should file a partition suit and offer to buy your ex out.
Re: Someone please help me!
You have a BIG problem. First, you live with someone you are not married to. Second, you had children with someone you are not married to. Third, as you say, you are parting, and you have no legal protection except to conjure up a claim that you are "nervous". Fortunately, the law will most probably allow you and your children to live in the house; but do you really want to make things so ugly that they can't be resolved by filing for a Domestic Relations Order without any real basis? Ask him to find somewhere else to live and give him time to remove his belongings.
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