How Do I Get the Deed to My House After Divorce in Illinois?

 Posted on October 16, 2013 in Family Law

"After my divorce, my ex-husband didn't give me a deed to our house in Illinois as he was ordered to do in our Judgment for Dissolution of Marriage. I can't find him now to have him sign the deed. What do I do?"

All is not lost, if you received the house as part of your divorce settlement, Marital Settlement Agreement, or Judgment for Dissolution of Marriage you should take two immediate steps.

1. Record your divorce judgment commonly called your Judgment for Dissolution of Marriage with the Recorder of Deeds in the Illinois County where the house is located. This should be done so that if a judgment creditor attaches a lien to the property that creditor will have notice of your superior rights to the property. It will also stop your former husband from easily selling his interest in the house to a new purchaser.

2. File a petition for a Judge's Deed in Illinois. This petition allows an Illinois divorce Judge to order your former husband to sign the deed transferring his interest to you. Alternatively the divorce judge has the power to actually sign a Judge's Deed on behalf of your former husband which would transfer the house to you. The deed then should be recorded with the Recorder of Deeds in the county where the house is located.

The judge has authority to make that transfer of ownership to you under the Illinois Marriage and Dissolution of Marriage Act (735 ILCS 5/2-1304b).

If you are in need of deed advice in Illinois, contact an experienced Hinsdale divorce lawyer. Call 630-920-8855 to speak to a knowledgeable attorney today.