Legal Question in Real Estate Law in Illinois
signing a homestead waiver during marriage
Before marriage, my husband now was renting a house that he intended to purchase after marriage. He was renting from a friend at work. 2 months after we were married he closed on this house without my approval of purchasing it so, I therefore signed a homestead waiver at closing. We were seperated for 6 months and I recieved divorce papers that said I was agreeing that this property was purchased before marriage so, I am assuming his friend set it up to look that way...instead of him renting, he was buying contract for deed or something in that order to look as though he was buying it before the marriage which is not true, so my question is, did I sign away my legal rights to the property by signing the homestead waiver after we were married? Do I have any legal rights to the propery, as we are still married at this time?
1 Answer from Attorneys
Re: signing a homestead waiver during marriage
Don't you have a divorce lawyer? I'm not, but I feel somewhat confident that despite not being homestead property, the increase in value of the property is a marital asset. Please, talk to your lawyer.