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Illinois Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Illinois on
Q: My boyfriend & I bought a home together, it is paid in full. It's value is $189,661. I made the down payment of $60,000

Each month I contributed $2492 & he contributed $1000 to the mortgage.

We have split up & he has moved out. How do we divide the house asset?

James G. Ahlberg
James G. Ahlberg
answered on Jan 1, 2018

If you plan to sell it, logic suggests dividing the net profit (after taxes, realtor's fees, etc.) in the same ratio as you contributed to the purchase. If you're not planning to sell it, you could agree on an appraiser who would estimate the value of the home and the one who is keeping... View More

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1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Landlord - Tenant for Illinois on
Q: How do I get out of my current lease (IL) without my credit being ding'd and is it possible to keep my security deposit?

I moved to my residence as a renter in Streamwood, IL in August of 2017. Shortly after moving in I had been let go from my job. Since September, I have been struggling to get by. Up until this month (January 2018), I have been jobless. I start a new job on the 3rd of January, however, its is over... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 26, 2017

I strongly disagree with the previous answer. Most residential leases do NOT have a provision saying a party can simply give a written notice and walk away from the lease after a few days.

Better advice: sit down with the landlord and explain what's happened. Ask what he or she can do...
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1 Answer | Asked in Real Estate Law for Illinois on
Q: Can my real estate managing broker require that I purchase from him a specific closing gift or any gift for my buyers.

I am an independent contractor

James G. Ahlberg
James G. Ahlberg
answered on Dec 12, 2017

Not unless it's part of your contract. I suppose it could be customary in your area, but it's not anything I've run across.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: Can my roommate tell me i have to be gon in 4 days without a legal eviction even if im not on the lease?
James G. Ahlberg
James G. Ahlberg
answered on Dec 11, 2017

No. He must still follow the legal steps to get you evicted. As a practical matter, I advise clients in this situation to start looking for another place immediately and to get out as soon as possible.

1 Answer | Asked in Real Estate Law for Illinois on
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... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 10, 2017

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... View More

2 Answers | Asked in Civil Litigation and Real Estate Law for Illinois on
Q: Am I responsible for replacement of limited property in a condo association

I received a notice from my association Dec 7th. stating the board has approved the repair and replacement of patios and balconies. They are considered outside the home and limited property. The cost they say I am responsible for is $1010 due April 1st which I do not want to pay as the patio is... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 10, 2017

Review the condo association's by-laws. They should address circumstances like this. If you can't determine the answer after doing that, take the by-laws to an attorney in your area who practices in the field of real estate and get his or her analysis.

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2 Answers | Asked in Foreclosure, Real Estate Law and Workers' Compensation for Illinois on
Q: In Il, can a wc settlement be leined for a foreclosure when seperated from spouse & not on the mortgage?

Been seperated 3 years and haven't lived in house that long. Ex spouse stopped paying on mortgage and I was never on the mortgage. I am permanently disabled on SSDI.

James G. Ahlberg
James G. Ahlberg
answered on Dec 10, 2017

No. Illinois law forbids liens on workers' compensation awards other than claims of the Illinois Department of Healthcare and Family Services for reimbursement of its expense in paying medical bills related to the injury and attorney fees for the attorney who handled the injured party's... View More

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1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: Is no mention in my mom‘s estate final account Of the life estate Given to her by her father who is still alive.

My brother, executor for mom, already sold house that was in life estate. Have Heard nothing about the farm, no paperwork in mom‘s estate papers at the courthouse. Where would I look for them? Was it legal for him to sold that house while Grandpa alive

James G. Ahlberg
James G. Ahlberg
answered on Dec 5, 2017

A life estate means a person can possess the real estate until his or her death. Once they die it passes to the person the grantor designated as taking the property after the life estate ends (referred to as "the remainder"). It is possible for the grantor to name himself as the person... View More

1 Answer | Asked in Real Estate Law for Illinois on
Q: Do I need to file a quit claim deed if my deceased partner owned our house with me with right of survivorship?

The house is located in Will County, Illinois, and is owned as joint tenancy with right of survivorship. There is a death certificate issued on my partner. This was not a marriage relationship.

Ray Choudhry
Ray Choudhry
answered on Nov 27, 2017

The reason for joint tenancy is to have the survivor be sole owner upon death.

If you sell or refinance you may be required to prove death with the death certificate.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Illinois on
Q: Can I take the appliances?

My boyfriend and I are splitting up. My parents loaned him $3000 to buy the house and he never paid them back. Instead he bought the kitchen appliances with that money and banked the rest. I told him I am taking the appliances when I moved out and he called the police on me stating they were his.... View More

Ray Choudhry
Ray Choudhry
answered on Nov 26, 2017

The appliances belong to him because he paid for them.

He owes the debt to your parents and not you.

Even if you had loaned him the money, you could only sue him for the money and not help yourself to his property.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I am joint owner on house with my brother. I want to sell. He doesn't. What do I do
Ray Choudhry
Ray Choudhry
answered on Nov 3, 2017

You have to go to court to break the partnership and order sale of house.

1 Answer | Asked in Real Estate Law, Tax Law, Collections and Small Claims for Illinois on
Q: i need help drafting a letter to my home's sellers, the prop tax amount changed enough that i should receive a credit

do I just write them a letter? is there a timetable/should i set a deadline?

Steve McCann
Steve McCann
answered on Oct 25, 2017

If you are engaging, or have engaged in a real estate transaction, you should be represented by an attorney. The fees are minimal and the benefits can be immense. All of your questions regarding the transaction should be directed to your attorney who will calculate the proration and resolve this... View More

1 Answer | Asked in Family Law and Real Estate Law for Illinois on
Q: selling ancestrial ground

my mother is selling it why ? because her and my brother have already went thru the life ins 130000.00 The bonds that should have been mine around 25000.00 now they say they cant make it and need to sell the ground which I think is foolish. Their monthly income is around 2700.00 and they... View More

Ray Choudhry
Ray Choudhry
answered on Oct 19, 2017

So, this is in probate court.

That is where you need to bring this up.

Maybe you can buy it from the estate in lieu of your inheritance.

1 Answer | Asked in Family Law and Real Estate Law for Illinois on
Q: how can I keep land my family has owned for 4 generations from being sold
Ray Choudhry
Ray Choudhry
answered on Oct 19, 2017

Need more information.

Who is selling it and why.

1 Answer | Asked in Real Estate Law for Illinois on
Q: 4 adult sibling were left a home, no mortgage. One sibling owes IRS $20,000. Cant sell. What can we do?

Adult who owes money to IRS has tried to work with IRS---IRS said no. Judge now says house has to be sold to pay IRS. What about the rest (3 adults) of us who have an interest in this house? We were told by real estate agents the house could not be sold with a lien. How can we sell it?

Ray Choudhry
Ray Choudhry
answered on Oct 16, 2017

Is this house in an estate.

Who owns the house and how did it get in his or their names.

1 Answer | Asked in Real Estate Law for Illinois on
Q: I owe a fine to Condo Association I am unable to pay. Can they take my condo that I own outright?

The fine was for continuing to use a storage space I was told to vacate.

Steve McCann
Steve McCann
answered on Oct 12, 2017

Yes they can. I would highly recommend contacting an attorney to review the condo's declaration, bylaws, and all other information related to this situation immediately. Costs can accrue incredibly quickly, and the association can take possession and ownership of your condo, regardless of... View More

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: If I was awarded property from estate in probate due to debt owed by Deseased can the bank take it from me
Ray Choudhry
Ray Choudhry
answered on Sep 25, 2017

No one inherits until all the estate debts are paid.

1 Answer | Asked in Real Estate Law for Illinois on
Q: Is there a law in illinois pertaining to open house signs where they can be place
Ray Choudhry
Ray Choudhry
answered on Sep 21, 2017

Often they are placed on public boulevards and they should not be.

On the other hand, usually open house is an hour or two so people do not normally complain.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I am a tenant but was never asked for a background check, ID, or social. That was all ran on my Roomate's moms name.

I'm trying to leave my lease early because I got a new job and I wanted to know if I can break the lease even though my Roomate doesn't want to? Also I mentioned renting out my room which the landlord is okay with but now my Roomate is ignoring all my calls and text reguarding the... View More

Ray Choudhry
Ray Choudhry
answered on Sep 20, 2017

If you signed the lease, you are on it.

If so, question is what is your deal with roommate.

1 Answer | Asked in Real Estate Law and Probate for Illinois on
Q: grandfather dies and 4 grand children are left the home but my husband has lived in the home for the past 16 years?

my husband has lived in the home he shared with his grand parents for the past 16 years his brothers and cousin have never spent any time in the home nor never visited, now that the grandfather is passed and grand mother the brothers want him to sell but he will then have no where to live since he... View More

Ray Choudhry
Ray Choudhry
answered on Sep 19, 2017

Who does the house belong to.

That is the person he needs to talk to to buy the house.

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