Removing my Father's name off a deed?

Question

My mother and father were never legally married, but were common lawed married. They purchased a house together in 1990. In 2002, my father left my mother for another woman and moved to Oregon with her five children. My mother wants to sell the house, but because my father's name is on the deed, she can't do it unless he agrees. She paid money into the house all those years and my father wants 50% of the sale even though he's never paid a house payment. (I've paid more than he has).

How can my mother remove my father's name off the deed? Or what would she have to do to make sure my father does not receive any of the sale money? There is only $40,000 left on the house.

In addition, since his move, we have no idea where he is located. We do not know his home phone, his home address, where he works or anything. He calls my mom and brother from a cell phone, and that's it.

My mother got child support from him for my 5 year old sister, but that's it.

The house is located in Oroville, CA in the USA.
Thanks!

Answer 1

He owns half, plain and simple. His moving and his personal life do not figure into the equation at all.

Since you have his cell phone number I would think a simple phone call, "Hey Dad, we need you sign for your half of the house" will work. He is likely to give an address for the money that is rightfully his.

If you really do live in a common law state (there are only 2 or 3 of them) then your mother may be able to take this into family court and have his half set at whatever the value was at time of seperation. As it stands he is simply an investor and entitled to reap the rewards of his investment, no matter how unfair it seems.

Answer 2

Let me make one thing clear. I'm sorry to have to be blunt but saying his "name is on the deed" makes it sound like a technicality when it most definitely is not. He is an owner of the house. If your mother put his name on it when he didn't pay into it, it is called a "gift". Gift or buying in, the result is the same: he is an owner and has all the rights of an owner.

The only way that I see for you to avoid buying back his half of the house is to sue him for some other debt, like back child support, get a judgment against him in the jurisdiction where the house is located. And THEN get the judge to seize what is probably his only asset in the jurisdiction of the court, i.e. the half interest in the house in satisfaction of the judgment. Of course, this means that you can't sue him again for the same thing and get cash. This is complicated; don't try this without an attorney. Note to anyone else reading this: there is no good way out of this, so, be careful who you give half your house to.

Answer 3

You need a lawyer to handle this, get yourself a good lawyer and find out what the laws are where your house is.

There are different laws depending on your country, state etc. as you don't put that in here we have no way of looking it up for you either.

You may want to post this in the Law catagory too, maybe some smart lawyer will be able to answer it for you but you will need to at least say the country your in and if possible state/province.

Good Luck!

Answer 4

You have to see an atty and create a new deed. Or you can just make a new deed just like the one you have, Copy it word for word stating that your Dad's sells you the property and sign your Dad's name have it notarized and record it. Its only a problem if your Dad objects to it, but I highly doubt he will be objecting

Answer 5

Unfortunately, because he is a deeded owner of the home he would have to agree to be removed. Sounds like you guys need to find a good lawyer!