QUESTION

we just brought a house but his mother is on the deed as well can I still put my house on the divorce

Asked on May 13th, 2015 on Family Law - Illinois
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1 ANSWER

First, there is the question of ownership: who else is on the Deed?  under what interest - joint or in common - is that interest held? Secondly, there does appear to be some marital interest held in the house.  As such, it should be addressed in any divorce proceeding.  You need to determine whether the fair market value exceeds all the claims on the property.  This figure is then refigured with the costs of sale and realtor's commission to decide if there will be proceeds from sale. Depending on those answers, the property may be kept from or given to your soon-to-be ex-spouse subject to a hold harmless OR the interest may be sold or traded with the Soon-to-be-ex OR the home sold.  This is integrated in any dissolution proceeding, whereby you should discuss this situation, the valuation, and your options with a family law attorney.  The mother may also need to be a party added to the divorce, but is a legal question that needs to be addressed with your attorney. From your question, it does not appear that you have an attorney, the suggestion is to contact your County Bar Association for a referral.  Then you can visit the attorney's website and call the office to find a suitable attorney for a consultation, if not representation.    
Answered on May 28th, 2015 at 8:14 AM

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