Ownership in severalty occurs when property is owned by one individual or corporation. The severalty owner has sole rights to the ownership and sole discretion to sell, will, lease, or otherwise transfer part or all of the ownership rights to another person or entity.

When a husband or wife owns property in severalty, state law may affect how ownership is held.

In Illinois: Sole ownership of property is quite common in Illinois, and title held in severalty presents no unique legal problems. However, when either a husband or a wife owns property in severalty, lenders, grantees, and title insurers in Illinois usually require that the spouse sign in order to release any potential homestead rights. This is true for both listing and sales contracts.

This is true for both listing and sales contracts as stated for properties owned in Illinois State.

As known, ownership in severalty is the situation whereby one person owns the property in question and is left with the option do as he or she wishes with the property (like sell the property, transfer ownership by gift, encumber it with a mortgage, lease the property in a lawful manner, dedicate, leave it to heirs etc.)

Inorder to ensure that the qwnership by severalty law is legitimately maintained, it is necessary for one of the spouse to sign off any rights of claims to the property which may have cropped up in the course of their divorce or no longer being together.

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