Chicago, IL asked in Real Estate Law and Landlord - Tenant for Illinois

Q: My wife bought a condo before we got married and now we are renting it out. But my name isn't on mortgage paperwork.

There is no power of attorney at all. Do I have any legal right in signing my name on the lease agreement? My wife's health has deminished over last few years

2 Lawyer Answers
Vincent Anthony Incopero
Vincent Anthony Incopero
Answered
  • Elmhurst, IL
  • Licensed in Illinois

A: If your name is not on the Title (Deed) then your signature is not necessary to execute a valid lease. Talk to a lawyer, get a POA so if push comes to shove and you need to evict you have the authority to engage an attorney to do so on behalf of a spouse who may not be able.

Your signature is only required if there is going to be an outright transfer of the property.

Robert D. Kreisman
Robert D. Kreisman
PREMIUM
Answered
  • Chicago, IL
  • Licensed in Illinois

A: You may sign as agent for your wife on the lease. The lease however should show that your wife is the lessor of the condo. I would urge you to have powers of attorney prepared for both financial and healthcare for your wife if she is still competent.

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