Glen Ellyn, IL asked in Real Estate Law for Illinois

Q: i am selling house, i am only one on title. on selling documents realtor put me and my wife as seller, is it ok

should i ask for my wife to be removed from selling documents since i am only one on title to make things easier, and if she is on agreement as a seller can it make it more difficult for tax paperwork (or anything else like that)

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2 Lawyer Answers
Kori Maria Bazanos
Kori Maria Bazanos
Answered
  • Chicago, IL
  • Licensed in Illinois

A: If this is your principal residence, your wife has homestead rights in the house and she will need to release those rights on the deed. You should hire an attorney to represent you with this transaction, and that attorney can explain these homestead rights more fully to you.

Steve McCann
Steve McCann
Answered
  • Chicago, IL
  • Licensed in Illinois

A: It depends on the precise documents you are referencing, and your attorney would be in the best position to address your specific questions regarding the transaction. If you are not represented by an attorney, you should absolutely hire one immediately.

Many of us represent sellers in residential for a small flat fee ($500+/-). For that flat fee, we will not only be accessible to you throughout the entirety of the transaction to answer questions such as these, we will draft all closing documents, negotiate terms that are favorable to you, and attend the closing itself to ensure you and your family's interests are protected. It truly is in your best interest to hire an attorney ASAP, and since the fee is flat, it makes the most sense to consult immediately. There is simply to much on the line to risk being unrepresented during such an important transaction.

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