Chicago, IL asked in Divorce for Illinois

Q: If me and my wife is getting a divorce and she wants to get a house will it affect me in the future

I am going to sign some paperwork saying i am not a part owner so should i be fine in the future even though we was married when she got it

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2 Lawyer Answers
J. Richard Kulerski
J. Richard Kulerski
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: Based on the limited facts you presented, you will not be waiving any of your divorce rights by signing what I presume to be a Waiver of Homestead document. This form is a lender's requirement, which does not affect your rights to the property in the divorce process.

Ray Choudhry
Ray Choudhry
Answered
  • Moline, IL
  • Licensed in Illinois

A: If you are not on the note that backs up the mortgage then you should be fine.

The usual problem is where both are on the mortgage and the one who gets the house quits making payments.

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