[legalLP]

My husband and I both signed as co-borrowers on the mortgage, however we did not have my name included on the deed. I was wondering if I can claim any property rights or ownership of the property for the purpose of a civil forfeiture action? I live in Illinois, and have been searching online to find case law that supports my position (I went to law school for a year, but never finished), and was hoping maybe someone could lead me down the right path.

Other site online that I found stated "if you are a co-borrower, you have an ownership interest in the property as well as the responsibility for paying the Mortgage." Could anyone elaborate on this?

Thanks in advance!

[bobloblaw]

let me see if I understand - your husband has some kind of judgment against him and you want to keep 1/2 the house?

I can't say for sure, but I would contact a lawyer. They usually give free consultations.

this is from wikipedia if it helps clarify for you:

In civil forfeiture cases, the US Government sues the item of property, not the person; the owner is effectively a third party claimant. Once the government establishes probable cause that the property is subject to forfeiture, the owner must prove on a "preponderance of the evidence" that it is not. The owner need not be judged guilty of any crime.

that makes me think that as a 3rd party, you may have a claim to half - what may contradict that is if you file your taxes jointly, they may be able to take your interest (share). Possible remedy = divorce?