12-904.Release, waiver or conveyance.

Article XII. Judgments - Enforcement · Part 9. Exemption of Homestead · Last amended 2026 · Last verified July 20, 2026

In one sentenceRequires a homeowner's release, waiver, or conveyance of homestead rights to be in writing and signed by both spouses, with narrow exceptions, and limits what a lender can reach when the property is worth more than the exemption.

Full Text of 735 ILCS 5/12-904

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No release, waiver or conveyance of the estate so exempted shall be valid, unless the same is in writing, signed by the individual and his or her spouse, if he or she have one, or possession is abandoned or given pursuant to the conveyance; or if the exception is continued to a child or children without the order of a court directing a release thereof; but if a conveyance is made by an individual as grantor to his or her spouse, such conveyance shall be effectual to pass the title expressed therein to be conveyed thereby, whether or not the grantor in such conveyance is joined therein by his or her spouse. In any case where such release, waiver or conveyance is taken by way of mortgage or security, the same shall only be operative as to such specific release, waiver or conveyance; and when the same includes different pieces of land, or the homestead is of greater value than $50,000 for an individual owner or $100,000 for 2 or more individual owners, the other lands shall first be sold before resorting to the homestead, and in case of the sale of such homestead, if any balance remains after the payment of the debt and costs, such balance shall, to the extent of $50,000 for an individual owner or $100,000 for 2 or more individual owners be exempt, and be applied upon such homestead exemption in the manner provided by law.

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Plain-English Summary

Giving up a homestead right takes more than a handshake. This section requires a written release, waiver, or conveyance signed by the owner and spouse, unless possession has been abandoned or given under the conveyance, or the exception continues to a child without a court order directing its release. A conveyance from an owner to that owner's own spouse remains effective even without the spouse's separate signature.

When a release, waiver, or conveyance is taken as a mortgage or other security, it operates only as to that specific instrument.

The section also protects value beyond a single parcel: when an instrument covers different pieces of land, or the homestead is worth more than $50,000 for a single owner or $100,000 for two or more owners, the other land must be sold first before the homestead. Any balance left after paying the debt and costs stays exempt up to that same $50,000 or $100,000 figure.

Frequently Asked Questions

Can one spouse waive the homestead exemption without the other's signature?

Generally no. The release, waiver, or conveyance must be signed by the owner and spouse, unless a listed exception applies.

Is a conveyance from an owner to their own spouse valid without the spouse's separate signature?

Yes. The section makes that kind of conveyance effective even without the spouse joining in.

If a mortgage covers the homestead plus other land, which land is sold first in foreclosure?

The other land is sold first, before the homestead.

How much of the sale balance stays protected after the debt and costs are paid?

Up to $50,000 for a single owner or $100,000 for two or more owners.

Does an oral waiver of the homestead exemption count?

No. The release, waiver, or conveyance must be in writing, apart from the abandonment or possession exception.

Amendment History

(Source: P.A. 104-120, eff. 1-1-26.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

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