My father abandoned us - how can my mom remove his name from the title of the house?

Question

My father moved out and left the family in 1998 and went down to Florida. The house that he and my mother had in their names is in New Jersey.

In 2002 he sent divorce paperwork and my mother's lawyer did not respond in time and it was granted by default. In the paperwork, there was no awarding of the house to either party.

My mother has been paying the mortgage (which was initially put under both of their names, shows up on both credit reports, etc. but for some reason when items arrive in the mail are addressed to just my father). for the last 9 years. Everything paid by check from her personal checking account.

She currently only owes $6000 more on the mortgage. She can't afford a lawyer my father won't cooperate with taking his name off. He demands that my mom sell the house and give him more than half. My mom doesn't want to sell the house - she lives there!

Does anyone know how she can get his name taken off the title? He hasn't paid a cent and has been gone 9 years!

Answer 1

I am very sorry, but he is legally entitled to 50% of the property. A lawyer could fight and get it to 50% of the value in 2002, but it will cost her more then she will save.

The good news is that he can not force her to sell, she can just sit tight. I know, not really great news, but better then nothing.

I am sorry to hear about this.

Answer 2

This is very unfair, and it is also dangerous.

If he falls behind on his taxes, the IRS can come after her.

Perhaps legal aid can help ... look up in the phone book for this ... they get lawyers to do pro-bono work for poor people who cannot afford a lawyer, although it perhaps could be argued that someone who owns a hosue scan in fact afford a lawyer.

You might also look into small claims court. This is where legal disputes can be settled without a lawyer, although your mom's case may be for more money than can be done here.

Even though she has been paying off the mortgage for the last 9 years, father could legitimately claim that his part ownership entitles him to a significant sum of money.

I also suggest a safety deposit box in a bank, in her name only. with a copy of the financial records showing that mom has paid most of the mortgage ... this way if father ever returns and makes trouble, the papers are in a safe place.

Answer 3

Please try not to worry.. Your mom should look around for a legal aid service in your area.. The legal aid services usually charge a very small fee based on what you can afford. You should also encourage your mom to make a trip to child services, where they should assist her in getting your father to pay all the child support he has not paid since 1988. . ( I am assuming by your question, that he pays nothing).. Now regarding the house, New Jersey luckily is an Equitable Distribution State.. (which means, that each party gets what the court decides is equitable, instead of what is equal).. There is a big difference because equitable is based on need, and all the other circumstances about what you need to live. Since it sounds like you and your mom live together in the house. If this is true then your father can not make you leave or sell the house, since you the child are living in it. Have your mom keep every receipt and/or cancelled check, for everything she has paid on the house, including repairs, mortgage payments, power, taxes, ect. Have her list these all down and total them.. She can figure that your father would owe her 1/2 of what she has spent.. This should reduce his interest in the house down to nothing.. Ergo, most likely she would get to keep the house and he would have no claim to it.. See webpage.. http://www.divorcenewjersey.com/faqs.html#14 for some more good information.. and please don't let your father scare you into giving up your home.. because, he probably doesn't have a leg to stand on and is just trying to scare you into giving him what he wants..
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Answer 4

Well your mom might want to check the paperwork he had her sign. If there is a document titled "Quit Claim" deed than she signed all her rights over 9 yrs ago. That Quit Claim deed should have been recorded so if she calls a Title company she can ask them for a Property Profile. If they say she has to pay, have her ask them if they could see if her name is on the Title. This is very important! He would have had to buy her out 9 yrs ago and be qualified to have a mortgage on his own. This would have been through the divorce but things do slip through the cracks. If you can help her, do some research like starting with the above. Also have her call the mortgage company and ask the Loan Officer who is on the mortgage. She will be able to see if there is one or more, if it was refinanced or if there was a second taken out on the house. You can do all of this without a lawyer just keep track of all conversations including who you or your mom spoke with, names,what their position is,times,dates and this includes any emails, letters or phone calls.

If there is a quit claim deed then your mom has no recourse but to fight him in court.

Believe it or not this happens more than you would expect. I have seen and dealt with it in escrow and it isn't a fun thing to try and work out but it can be worked out with patience.

Answer 5

First of all the property settlement agreement has not been completed therefore although the divorce might have been granted but the issue as to who gets what assets is not. I would seek free legal counsel and file a motion pursuant to the case # on your divorce which should still be valid and file a claim on everything he has and then ask him for a special warranty deed on his interest to the NJ property in trade for releasing your lis pendens on all he has, this of course if there are no child support issues. Not knowing if there are support issues I've included that link. Here are some links that might help you out
Free legal aid search for all states: http://www.lawhelp.org/
Child Support contacts for all states in the US: http://www.acf.dhhs.gov/programs/cse/ext...
Best of luck on your research. As a side note he and your mom still own the property together until they do the property settlement agreement or a partition lawsuit.

Answer 6

If he won't remove his name voluntarily (quitclaim his interest to her), she will have to take him to court to pursue it. There's no getting around it. If she cannot afford a lawyer, call the local courthouse to inquire if there is any type of legal aid available in the area that's income-based. The courts don't offer it themselves, but the clerks there can usually tell you who to call.

Answer 7

Unfair though it is, she probably can't get his name off the title unless he agrees.