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My husband and his father purchased a house. My husband was married to his ex when he purchased the house. All three of them (my husband, his father and the ex-who was his wife at the time) were put on the deed. Only my husband and his father were on the mortgage.
When they divorced- my husband was awarded the house. He lived there for about 2 years and then when we decided to get married we moved. When we moved his ex asked if she could buy the house for the same amount my husband had purchased it for a few years earlier. We agreed. My husband signed a quit claim to her. We let her move in with the arrangement that she would have a few months to get it financed and out of my husband and his father's names. My husband's father never signed the quit claim.
Being that my husband's father never signed the quit claim deed, is it still valid?
I am asking because now a year later, she still hasn't financed the house and we are weighing our legal options.

2007-10-15 02:45:22 · 3 answers · asked by Anonymous in Politics & Government Law & Ethics

Apparently she is running into problems with the quit claim now because she has come to us saying that it has to be re done I don't know if it wasn't valid, didn't have enough info or if it got lost or something but...OBVIOUSLY we aren't going to sign anything else until it is financed.

2007-10-15 03:22:57 · update #1

3 answers

Since the Father did not sign off, she has no more legal rights than a renter.

2007-10-15 03:03:59 · answer #1 · answered by sensible_man 7 · 0 0

Your father in law still has legal claim to the house and the ex will never have clear ownership until he signs off. However every State has different rules. In some, allowing her to move in even allows her to have squatters rights. Best bet at this time is contact a real estate attorney, it might cost a bit but in the long run it will be worth it.

2007-10-15 09:53:55 · answer #2 · answered by Anonymous · 0 0

Tell her that the second she secures financing your husband and his father will sign the NEW quit claim deed.

Otherwise, kick her to the curb.

And have a come to jesus with hubby about signing away rights to something WITHOUT a check in his hand.

2007-10-15 10:26:25 · answer #3 · answered by hexeliebe 6 · 0 0

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