Legal Question in Real Estate Law in Illinois

Re: quit claim on deed

The quick and inexpensive way is for her to give you a quitclaim deed. That is QUIT claim deed - many people think it is called something else, but it isn't. You could pick up a blank deed form at an office supply store, fill it out, and ask her to sign it. You must them record the quitclaim at the recorder of deeds office for it to be legal.

Of course, this is if she is cooperative. If she refuses, you can hire a trial attorney and file a "motion for partition". I would expect this to cost about $1,000, so try to get her to give you a quitclaim first.

You might also divorce her. You have met the requirements for what amounts to a no-fault divorce and the property would be divided at that time. Because she has not lived there for 12 years, it would be hard for her to support a claim for the house. However, for there to be a property division, should would have to appear in court.

I should warn you that judges do not like quitclaim deeds because they are so quick and easy that there is a thought that the person granting the deed might not realize just what they have done.

You can argue that she has abandoned the house, but you have to make that argument to a judge.

Basically, the Constitution says that a person cannot be deprived of property without due process of law. I have just described what is considered due process. My point is that, while it looks like she has had nothing to do with you for quite a while, the wheels of justice must still grind on.

Re: quit claim on deed

If you can get her to sign a quit claim deed, you would have full ownership. Due to the circumstances of her being your wife, etc., I would not rely on a store bought form that you fill out. Have a lawyer handle this for you.

Also, what other counsel described as a Motion for Partition, is actually an expensive proposition and is actually a law suit not a motion. Just filing the lawsuit and serving your ex will cost over $300 in filing fees alone. Additionally, you would end up buying her share from her. I doubt that everything will cost only $1000 and suspect you will be lucky if it only costs you $2000.

You could consider a divorce as he suggests. Although, ultimately, in a divorce one party quit claims to the other.

Your situation is not a standard one, and I suggest that you use the answers provided as a starting point and contact an attorney in person.

Good luck.