QUESTION
17 years ago I purchased a home with my son and daughter in law. I put up all the money with the understanding I would live with them with rent free
Asked on Aug 26th, 2017 on Family Law - Illinois
More details to this question:
We shared a lot of the costs like. Now they want to kick me out. My daughter in law don't get along lately. I am retired and have only my social security to live on. Can they just kick me out with out any help financially? They initially asked me to move in with them and our deal was no rent charged. My daughter in law is unemployable and has become almost unbearablre to live with lately. I no longer drive or have a car so I am at her mercy for certain doctors appointments. She makes me feel like a burden if I ever ask to go to the store or Doctor. I use pace as much as possible. I guess I just need to know if they can kick me out. I am not on the mortgage, but am on the title to the house. I could go on but am running out of space.
1 ANSWER
Family Law Attorney serving Joliet, IL
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June, Prodehl, Renzi & Lynch, L.L.C.
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This is not really a family law matter. It appears to be a elder law matter as whether the conduct rises to elder abuse or not. The suggestion is for you to seek out such a local attorney (or at least one on a bus route) to seek specific legal advise.
As to the house matter, under Illinois law, only the Sheriff can evict you (as either a tenant or home-owner) pursuant to a valid eviction order. There is the Deed, which places joint ownership in you, that you may wish to keep handy. It can be shown to police if called by the dughter-in-law. If there is clause that creates a "Life Estate" for you, that would give further credence to not only your interest in the home, but desire to reside there as well.
If there is no such language, consultation with a knowledgable attorney will be helpful in discussing and, potentially, implementing this through the filing of an amended deed. Again, there is a need for legal consultation and your local bar association is a good starting point.
Answered on Aug 28th, 2017 at 8:34 AM