Legal Question in Real Estate Law in Illinois

Sale of home

My ex-husband sold our home with out my consent or signiture or power of attorney or quick claim deed I want my home back what are m y rights


Asked on 1/31/09, 10:59 pm

1 Answer from Attorneys

Walter Palmer Law Office of Walter Palmer

Re: Sale of home

If you were on the title he could not have. If he used a QUIT Claim deed, then all he could transfer are his rights to the property. I see a lot of titles where a wife is not on the title. If this is the case, he may have sold your home, but not your house.

You also need to review what the divorce decree said. That would also be controlling.

In a real estate transaction there are several documents - Title: showing ownership, Deed: showing transfer of title, (usually) Note: borrowing money to pay for the house, although there are more cash transactions than you might think, and (Usually) Mortgage: secures the note by giving property as security. Usually the property used as security is the same as the property in the note it secures but it does not have to be.

The first step would be a title search to find out what is going on, then hire an attorney if it is warranted.

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Answered on 2/01/09, 12:08 pm


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