Can A Spouse Sell Property Without The Permission Of The Other Spouse In Illinois?

When considering a divorce, people move money around or even hide assets. Real estate cannot be hidden or moved, however, because you know the address. Can real estate be sold by one spouse without the permission of the other spouse? Property in Illinois can only be transferred if the transfer is by written contract or deed. “No action shall be brought to charge any person upon any contract for the sale of lands, tenements or hereditaments or any interest in or concerning them, for a longer term than one year, unless such contract or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized in writing, signed by such party.” 740 ILCS 80/2 A written document transferring real estate in Illinois must be a deed which complies with Illinois’ Conveyances Act.   “Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a conveyance in fee simple, to the grantee, his heirs or assigns, with covenants on the part of the grantor, (1) that at the time of the making and delivery of such deed he was the lawful owner of an indefeasible estate in fee simple, in and to the premises therein described, and had good right and full power to convey the same; (2) that the same were then free from all incumbrances; and (3) that he warrants to the grantee, his heirs and assigns, the quiet and peaceable possession of such premises, and will defend the title thereto against all persons who may lawfully claim the same. Such covenants shall be obligatory upon any grantor, his heirs and personal representatives, as fully and with like effect as if written at length in such deed.” 765 ILCS 5/10 If both spouses are on the deed, then both spouses have to sign the deed to transfer the property to a third party. A Spouse Cannot Sell A Homestead Without The Other Spouse’s Permission In Illinois If the property is the marital home, then the property is considered a “homestead.” A spouse cannot sell a home their spouse is living in (the homestead). “Neither the husband nor wife can remove the other or their children from their homestead without the consent of the other, unless the owner of the property shall, in good faith, provide another […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/can-a-spouse-sell-property-without-the-permission-of-the-other-spouse-in-illinois/