750 ILCS 65/12

All contracts, sales or incumbrances made by one spouse to a marriage, by virtue of the power contemplated in the preceding section, shall be binding on both, and during such absence or confinement, the person acting under such power may sue and be sued thereon; and for all acts done the property of both shall be liable, and execution may be levied or attachment issued accordingly. No suit or proceeding shall abate, or be in anywise affected, by the return or release of the person absent or confined, but the person shall be permitted to prosecute or defend jointly with the other.