real estate issue, now a lawsuit. Help!?

Question

So a while back my dad purchased a house and came to an agreement with the owner of the house (the male), the owner of the house and the woman were going through the process of being "divorced' (which my dad was told that they were offically divorced) so my dad saw it as a good deal and since he is starting to get into real estate investing he bought it, but this is when the issues came in to play. The lady of the house got mad due to approval of the sale of the house and all process that took place without of her consent because they were "married" she was suppose to be part of the sale. so she hired a lawyer and sent letters "threats" so my dad just gave up the property and agreed with them to return at least 5,00 of the 10,000 dollars cash he gave up front on the purchase. Now he gave up the house and more letters start coming in now they want money for being 'fruadulent" . By the way thanks for reading your help is greatly appreciated. Andthe title was not under her name. thanks

So they're trying to sue my dad for 25,000 and he doesn't want to hire a lawyer because he says that it cost too much. Should he. When my dad bought the house it was only under the guy's name.

Its in California in the Fontana, Rialto area.

Answer 1

It depends what state you're in, whether the house is community property or not, regardless of whose name is on the deed. If it was the man's separate property, he gets to do what he wants with it. Did the deed with your dad's name ever get recorded? Letters, schmetters; that's not a lawsuit. Woman's lawyer may just be bluffing to try to get money, when she may not have a dog in the fight. Your pa should consult his own attorney.

Answer 2

Well, the wife might be right about owning at least part of it, depending on the laws about divorces and community property in that state. She very probably could technically own half of it, whether her name was on the title or not.

That said, just because she owns it, doesn't mean your dad knew she owned it. If he can prove that he was told she was out of the picture, then she has no case against him for fraud. I think she can force him to give up the sale, but if he can prove he didn't know she was considered a partial owner, your dad definitely doesn't owe her anything.

If you keep getting these threats, I would hire a lawyer who specializes in real estate disputes.

Answer 3

I believe Sarah's response, above, has the most merit in this situation. I really don't see how the lady in the issue has a leg to stand on if her name was not on the title and the transaction was recorded. Although, like Sarah suggested, laws are different in each state; however, that being said, the issue would seem to me to be with her ex than with your dad.
Thanks, and uh, heck, I guess if the lady keeps pushing,...via an attorney, you may have to get a lawyer and that may be a good idea anyway to see where you stand in the transaction.
Thanks

Answer 4

Sounds like your father needs a lawyer. I agree with the first poster, the husband is the one that was out to defraud both your father and his wife. I think that your father should sue both the husband and the wife for harassment, and failure to disclosure the true facts. Your father should have done a abstract ti check to who the owners were and if it had a clear tittle

Answer 5

The fraud was on the part of the husband, not on your dad's part. They should give the entire $10,000 back and be thankful your dad is out of the deal. Get a lawyer.