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Is it law in Illinois that a spouse must be on on the title even if s/she is not on the mortage? What if the property belonged to one of the parties prior to marriage - is it considered 'marital property'?

ckalvesmaki · Posted: Sat Dec 29, 2007 7:52 pm Post subject:

She doesn't have to be on title but will still need to sing some of the docs.....ie HUD 1,TIL and itemazation......as well as the right of recision.

jenkin7 · Posted: Mon Dec 31, 2007 4:55 am Post subject:

Hello Vic,

I don't think there is any such law in Illinois.

Illinois is not a community property state either, so she will not have ownership rights to the property if she is not added to the title of the property.

Property acquired prior to the marriage of any one of you will not be considered as a marital property.

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi Vic,

I agree with Jenkin that if you acquire a property before your marriage that property will not be considered as community property. Only the property which has been acquired during the marriage period is considered as community property.

Feel free to ask if you have any further questions.

Best of luck,
Larry

lisascherzer · Joined: 04 Jan 2008 Posts: 755 1.12 Dollars($)

It is not law that she has to be on title. If there were a divorce it would depend on how long you were married for the judge to decide who gets what including the home.

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Ill Mortage Title Law