Legal Question in Real Estate Law in Illinois
I put my boyfriend's name on the deed to my house. My house was free and clear. He then took a loan out on it and paid his property off ($64000). We have gone separate way. Does he owe me $ since he is keeping the house.
1 Answer from Attorneys
Gifts are . . . gifts. This is complicated since all of the 'gifting' appears to have been without any written stipulations. First, what did you give him? If you gave him a one-half interest as "joint tenants" then there is a chance the mortgage (or whatever he signed to secure the loan) is invalid because in joint tenancy ALL joint tenants must sign the security document. If you gave him a one-half intrest as "tenants in common" then you also gave him the right to take out a mortgage on 'his half'. However I don't know many lenders who will give that kind of loan; banks generally don't, so someone would have to look more closely at the "loan" arrangement. There is a possibility it is defective. However, if you gave him not only the 1/2 interest as tenants in common with no limitations you effectively gave him "all rights" including the right to borrow against it. Then it may become an issue of whether the "gift" was because you thought you two would get married. If so, and he broke off the 'engagement' there is a chance he owes the gift back the way it came to him - without baggage. See an attorney in your area.
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