Legal Question in Real Estate Law in Illinois

Re: unmarried joint homeowners

The real touchstone is whether both of your names are on the DEED. If you can't agree on a purchase price, you will have to go to court for what is called a partition action. What it will probably boil down to is the judge will order the sale of the house, and the two of you will split the proceeds.

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Re: unmarried joint homeowners

The first thing you need to do is check your deed. the fact that you are both on the mortgage does not mean much because you could have simply, for example, agreed to help him pay for the house.... so check your deed. if your name is also on the deed of the house, then you have as many rights on the house as he does. you cannot keep him out of the property and he cannot oust you out either. however, if you do not agree on key issues regarding the property such as maintenance, payment of mortgage, sale and so forth, you must go to court, in a partition suit, so that the judge can force the sale. it is indeed a possibility for either one of you to buy each other out, so keep that in mind if you have this financial possibility. You also have a child together and you may want to consider all legal issues linked to that child, i.e. support NOW and in the FUTURE, medical insurance and so forth. Good luck.