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My husbands x-wife signed-off her rights thats why the quit claim deed is on my husbands name.Do I have the rights on our home?

Chicago, IL |

my husband's x-wife signed-off her rights on the quit claim deed in front of thier divorced lawyer that's why the quit claim deed is only on my husbands name.their divorced-lawyer said the x-wife still have the rights if the house is FORCLOSURE because the house is not paid-off yet and her name is still on the mortgage.What are my rights on the property as my husbands' wife?how do I add my name on the quit claim deed?

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Attorney answers 1


You have no right to "add" your name to a quit claim deed. It is your husband's decision as to whether to add you to title or not. If he chooses to add you, he can do so by drafting (or going to an attorney to have drafted) a Quit Claim Deed.

You do have two rights in the property right now if you are residing in the house as your marital residence: (1) you have "homestead" rights which precede any other creditor's rights to be paid from the property; and (2) in the event of his death, were there to be any equity in the property, you have the right to 1/3 of his estate under probate law. Luckily, though, you do not have any obligations under the mortgage, since you would not have signed the loan documentation, so to the extent that the property is foreclosed on, you will not owe any money.

This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.