Asked in Estate Planning for Illinois

Q: bought a house during the marriage wife name not on mortgage does the house go to wife after husbands death

He has other adult children outside of marriage. We live in Illinois bought a house during the marriage wife name not on mortgage does the house go to wife afer his death

Related Topics:
3 Lawyer Answers
Ray Choudhry
Ray Choudhry
Answered
  • Estate Planning Lawyer
  • Moline, IL
  • Licensed in Illinois

A: Double check. Wife name should be on mortgage maybe note the note.

Mortgage has nothing to do with who owns it.

When you buy a house, you get a deed.

The deed says who owns it.

Stephanie Sexauer
Stephanie Sexauer
Answered
  • Estate Planning Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: You'll need to consult with an attorney on this issue, as with all legal issues, because there may be more factors to consider (for example, if the husband is a resident of Illinois or if he is a resident of another state who happens to own IL real estate). Generally, if a person dies without a will and has both a surviving spouse and children, the surviving spouse will receive 1/2 the estate and the children split 1/2 of the estate.

1 user found this answer helpful

Dennis Delman
Dennis Delman
Answered
  • Estate Planning Lawyer
  • Skokie, IL
  • Licensed in Illinois

A: the house is marital property and the wife is entitled to a portion of the house. her not signing the mortgage is not relevant.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.