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  1. #1
    Join Date
    Jan 2006
    Location
    Illinois
    Posts
    1

    Default Illinois divorce

    I would be so grateful if someone could help me out with this...I'll try to make the story short.

    After a long marriage covering almost every abuse in the book, my mom thought it would be best for my father to leave our home. Before his exit, he stated that he no longer wanted any responsibility to the house owned by himself and my mother, so he signed a hastily-created quit claim deed in exchange for $6,000 to me and my sister. It was at this time that my mother and father decided that his retirement income would be spit in half between the two of them, and he would move, but would not file for divorce for at least 6 months, just in case things didn't work out in their seperation.

    Well, my father shortly after filed for divorce. He has stopped giving my mother her half of his retirement benefits. She is partially disabled and can only work seasonally... needless to say this has drastically cut down on our current household income. I am the only one with steady full-time employment, however my $30,000 per year isn't quite enough to survive. My sister and I have also been added as defendants because he believes that the quitclaim deed is not valid, and that he signed it "under duress (sp)" :roll:

    Our court hearing is approaching soon, and I'm becoming more and more restless as the days go on. I know that the judge will be the be-all-end-all of this situation, but I suppose my questions are these:

    Even though he signed the quitclaim, would he still be entitled to half of my mother's 50% ownership of the property?

    In a divorce hearing, can a judge void the quitclaim he signed to us alltogether?

    Given my mother's physical condition, can the judge provide an order to ensure that she receives some type of support from my father?

    Lastly, my mother and father had/have a mortgage on the home with a current balance over $50,000. I have read that in many cases, if a quitclaim deed is involved, the mortgage company can immediately demand payment in full for the balance. I was not aware of this fact at the time in which the deed was signed, nor am I currently listed on said mortgage. If the company should go after the money, will it be for both parents (considering that my mother still has an interest in the property,) or will it fall onto my father for being the one who signed the deed without consulting his contract?

    I know this is getting a bit long winded, but I truly hope that someone can provide me with some assistance. I'm 22 years old and just trying to do the right thing for my family. I thank you in advance for ANY information you can provide me.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Illinois Divorce

    From what you say, the quitclaim was to you and your sister, not to your mother. You're not parties to the divorce, so the judge would ordinarily lack jurisdiction to enter any order affecting your property interest.

    Your mother can petition for spousal support, and an equitable division of the marital estate.

    The mortgage lender will enforce its contract - if your mother and father both signed the loan, both will be responsible for its payment.

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