Q: If my name is not on the house mortgage would I still have to sign a document waiving my right to the “homestead”?
Back in 2011 my soon to be exhusband bought our current home. I moved in 2012 and still currently live there. Last year he refinanced the house without telling me. Other real estate lawyers have told me there should have been a “waiver” that I would have needed to sign. Is this indeed true and if so what law does this fall under?
A: Normally a lender would require you to waive your homestead rights so your husband could refinance. There may be peculiarities in your situation that would change this answer, but I'd be surprised. You need to bring this to the attention of the lawyer handling your divorce as quickly as possible. As far as what law it falls under, your lawyer needs to look at 735 ILCS 5/12 -901 et seq.
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