Legal Question in Real Estate Law in Illinois

To adequately respond would require a better understanding of how title is held and what it is that is going on. As a general answer, ownership has to do with the deeds, not the mortgages. I would say it is unlikely that one party will be able to do anything without the other. First, there are forms of ownership in which both parties have to agree to any conveyance. Second, even if the form of ownership is such that one party can sell a fractional interest, who would want to buy into co-ownership with the remaining party unless there is some connection (such as a family member or friend).

The first part of the analysis would be to determine how you hold title. If as tenants by the entirety, both spouses must agree to sell. If not, one spouse could sell his or her interest (usually one-half) without the agreement of the other spouse. However, you are going to have a tough time talking someone into buying a partial interest in a piece of real estate.