Under 735 ILCS 5/12-901 an estate of homestead is created for every individual, to a value of $15,000, who resides in the property at issue. This right accrues as to claims of other parties who are on title or who claim a homestead right. In GMAC Mortgage, LLC v. Arrigo, 2014 IL App (2d) 130938, the Second District Appellate Court determined that the homestead right did not accrue as a defense against claims of third parties (in this case the mortgage-holder) as to the real estate unless the party claiming the homestead was actually named on the deed. In this case Wife, claiming an interest in the real estate by way of a homestead right, sought a partition (essentially a division of her interest in the real estate) from that of her husband who had signed the note and mortgage. The Court denied the right of partition stating that she held no homestead right as to the third-party creditor (the bank) since she was not on title to the real estate and thus the homestead right did not accrue and prevented the partition. More often than not the homestead right is a protection utilized in the protection of rights as to the marital estate between spouses in the course of a divorce where only one person is named on title to the marital residence. As to third parties, as here in a foreclosure proceeding, rights accrue where a party is actual named in the deed.