Difference between revisions of "Marital Rights in Illinois"
Davidjenkins (talk | contribs) (Created page with "==Overview== Illinois recognizes the existence of a homestead right for non-titled spouses for their primary residence. As a result, a non-title spouse must either join in a...") |
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Revision as of 05:06, 21 June 2019
Contents
Overview
Illinois recognizes the existence of a homestead right for non-titled spouses for their primary residence. As a result, a non-title spouse must either join in any conveyance or mortgage of the primary residence or executed a separate waiver releasing their homestead rights in a given property. Both spouses must execute this waiver. 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
Compliance
Forms
- Waiver of Homestead Rights
Searching
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.
Underwriting
Production
Closing & Escrow
Recording
Pricing
Common Law Marriage
Common Law Rights
Community Property
N/A. Community Property has never existed in Illinois.
