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. 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

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