Legal Question in Real Estate Law in Illinois

Re: Spouse not on deed

I am guessing your lender told you she cannot be on the deed. This means another lender is trying to practice law, and they should stop. If you want her to be in title with you, then that's the way it will be. This would be much preferable to her getting the property through your will. If you are both in title as joint tenants or tenants by the entirety, then if something happens to you, the property automatically goes entirely to her. No probate, no delays, no disputes, it's done. If she is not in title, your estate would have to go through probate before she owned it at all. There can be delays, there will be expenses, and though unlikely, the will could be contested. As far as the mortgage is concerned, the lender is entitled to payment no matter what happens to you, and without regard to whether your wife is in title. Put your foot down, and demand that she be on the deed with you. I hope you have hired an attorney to assist you. Your attorney will be able to get this straightened out as well. And if you tell me that this lender told you that you don't need an attorney, because their closing agent will "look out for you," I'm going to drive up there right now and give them what for! If the lender refuses to back down, my opinion is to find a new lender.