Legal Question in Real Estate Law in Illinois

Re: What to do with quickclaim deed once it's been signed

Separated or not you are still married. And since you are married your husband has certain rights to the real estate you purchased. you can either have him sign the second mortgage with you or have him give you the quit claim deed you mentioned. what you do with it is record it with the recorder of deeds in the county where the property is located. Actually the most efficient way to deal with this is to discuss it with your mortgage representative because he/she may want to record it as part of the mortgage process. But as long as the deed gets recorded before the mortgage all will be fine. The trick may be to get your separated husband to sign the deed in the first place. Good Luck

Re: What to do with quickclaim deed once it's been signed

I would question whether your separated husband's name is in fact on the deed. What may be happening is that the title company is raising an exception because you are still married and the real estate is a residence. Under Illinois law, a spouse who is not in title still acquires a "homestead" right to a residence if the spouse lived in the residence while married to the person in title. Because you separated prior to purchasing the home, I assume your spouse never lived with you in this house. If that is the case, your spouse in fact has no homestead rights to this property. You may ask the title company if they will accept an affidavit from you that your spouse does not have homestead rights, and will issue a loan policy. That way, you can avoid asking your spouse for a quitclaim deed.

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Re: What to do with quickclaim deed once it's been signed

I do not understand how his name suddenly appeared on the deed. It had to have been done at the time of the purchase of the home. Your husband does still have some homestead rights but these are not valid if he is not living with you. A quit claim deed would do the trick. Next time you do any real estate transaction, get an attorney. It will save you the hassle of something going wrong like it has now.

Re: What to do with quickclaim deed once it's been signed

File it with the Recorder of Deeds in which the real property is located.