Marital Rights in Illinois

Overview

Illinois recognizes the existence of a homestead right for non-titled spouses for their primary residence. As a result, a non-titled spouse must either join in any conveyance or mortgage of the primary residence or execute a separate waiver releasing their homestead rights in a given property. The waiver must be specific to the transaction, must be executed by both spouses, and must be recorded as part of the deed, mortgage, or other instrument. No joinder is required from a non-titled spouse in the case of any real property that is not the primary residence.

Sources

• []. - Dower and Curtesy Abolished
• []. - Homestead Rights

• [1] - ATG Article

Forms

• Waiver of Homestead Rights

Examination

• [...]

Curative

You would not need to require a waiver of homestead or joinder on a second home in IL if it can be established that the subject property is not a homestead. Usually, an affidavit from the title holder will suffice; alternatively, if you receive confirmation (in the form of an email) from the non-title holding spouse that the property is not a homestead, that would work as well.

Community Property

N/A. Community Property has never existed in Illinois.

Cross-References

• Illinois
• Marital Rights
• Divorces in Illinois
• Estates in Illinois
• Tenancies in Illinois