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When my wife and I were married in Illinois in 1987 she was granted our home as part of her divorce settlement from her ex in 1986. However we refinanced the home several years later and both of us were on the mortgage. All payments were paid out of our joint account and our paychecks have been direct deposited for the past 21 years. In 1991 when we made out our will I asked that my name be put on the title as my wife had resisted to do so. We agreed on 80/20 as that was the only way that she would agree to have my name on the deed

Our home was paid off in 2006. Our deed has a percentage split of 80/20 and it is listed as in tenants in common.

I have bank and mortgage records that show that I have been paying 50% of the mortgage payments plus all of the household improvements. Also my ssn is on the property tax bill.

What are my rights or options? Claim my 20% and state that I have been overpaying all these years? Or do I go for Joint Property since I have been paying 50/50 for the past 21 years.

IL is a 50/50 state. Am I stuck based on my poor decision years ago regarding the deed?

Thanks

I think someone answered you earlier in another thread. It's probably the case that had your name simply stayed off the deed, you would be entitled to half, but having put your name on the deed at 20%, that's probably what you'll get. You will want to ask an attorney in IL to know for sure.