Legal Question in Real Estate Law in Illinois

If a name is on a recorded release deed but not on the title 'and the spouse who's name is the only name on the title dies'will there be a problem when the living spouse wants to sell the property !


Asked on 11/07/16, 2:35 pm

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

I am sorry for your loss. The Release Deed does not have any impact on the ownership. Your name was probably included because you were required to sign the Mortgage in order to "waive homestead" (a spousal interest in property that may arise by law). So, the Release is simply corresponding to the Mortgage that is being released. Assuming the title was never conveyed into a form of joint ownership, then, yes, you will have issues. You will either need to look to the spouse's will or, absent a will, Illinois law divides estates 1/2 to the spouse and 1/2 to the children (including descendants of any deceased child). You would be well advised to address these questions now.

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Answered on 11/07/16, 3:13 pm


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