My husband owns a home with his father. On the original deed is- My husband, his father and his ex wife. On the mortgage is my husband and his father (not the ex wife)
My husband got the house when he divorced his ex wife.
He lived in it for about 2 years after the divorce was final then when we decided to get married we wanted to sell it. When we put the for sale sign up his ex asked if she could buy it. We were in a hurry to move and said yes. We let her and the children move in under the conditions (verbal agreement) that she would secure her own financing. My husband signed a quit claim deed to her. His father did not. The quit claim deed was notarized but it was NOT filed. Now she is requesting that he sign another quit claim to her, I think because she lost the first one and it didn't have all the right info on it. We have been trying to get her to finance it for a year and she still hasn't. We are now weighing our legal options...what are they?
2007-10-16 06:02:59 · 8 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
If my husband's father were to quit claim his portion of the deed to my husband- could we take her to court on contempt charges because she never quit claimed it to him in the first place and force her to finance?
If my husband's father quit claims it to my husband, can we take her to court and sue her for the house or into financing?
2007-10-16 06:05:09 · update #1
You first need to find out if a Quit Claim Deed is a valid/viable instrument in your state. Some states do not recognize this document for its intended purpose and people get caught unaware. Call a title company for more information. At the root, it looks like your husband and his father are still liable for The Note-the mortgage is on both of their credit-correct? Hopefully, you are at least collecting rent money from the ex. Anyway, since she is not on title or on the mortgage and has been living there as a "tenant", you should be able to go thru a normal eviction process. This will take time AND money to do. I wouldn't sign anything else for her benefit at this point. She made an agreement and hasn't upheld her end-game over. She probably doesn't have the means to get the financing and that is why she hasn't done so. Good luck.
2007-10-16 06:18:47 · answer #1 · answered by Laura G 2 · 1⤊ 0⤋
There are so many things happening in this situation that your best bet would be to contact a local attorney. The ex did not receive an undivided interest in the property because the father did not deed over his half interest. So in fact, she only owns a 1/2 interest. Financing for a 1/2 interest is usually difficult because a bank or mortgage company want's to be assured that they can collect their mortgage amount back if the home would go into foreclosure~which is not a certainty when someone else owns a portion of the property. But honestly, I don't think it is a good idea to deed over the other 1/2 interest if she doesn't seem interested in paying for it. Go to an attorney so that your rights are protected.
2007-10-16 13:15:49 · answer #2 · answered by *Almost ready* 5 · 1⤊ 0⤋
I work in Title and Escrow and your best bet is meeting together with a lawyer or paralegal and see what your options are ... there's so many different ways you can go about doing things - you don't want to get screwed in the long run ... it's definitely worth it ... good luck ... it's a little confusing to people when most of them don't even know what a quit claim deed is ... !
2007-10-16 13:12:22 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Once you sign that quit claim deed, doesn't the house become hers? Why would she need to finance it?
You need to contact a real estate attorney or ask a realtor!
2007-10-16 13:19:09 · answer #4 · answered by peggy m 5 · 1⤊ 0⤋
You NEED to speak with an attorney in your state! If he quitclaims his rights away to the house she isn't going to need a loan, his rights to that house will be HERS. Make her get the loan before you give her anything.
I don't know who would give her a loan when she's not going to own the house 100%.
You really need an attorney to handle this so ALL of your rights can be protected.
Sorry I wasn't more help. Good Luck!
2007-10-16 13:14:10 · answer #5 · answered by Georgia Peach 4 · 1⤊ 0⤋
I would suggest evicting her if she doesn't secure financing. I think she is trying to pull a fast one on you with the quit claim and trying to get the property in her name so she doesn't pay anything.
2007-10-16 13:14:29 · answer #6 · answered by lahockeyg 5 · 1⤊ 0⤋
I think that you talking to an attorney would be your best bet, they have all of the information that you need on this and can help you out a lot more than we can....I wish you the best of luck!!
2007-10-16 13:20:36 · answer #7 · answered by amyhwoods 5 · 0⤊ 0⤋
Why not meet with an attny with all the details and paper work.
A consultation fee would be worth every penny!
2007-10-16 13:07:35 · answer #8 · answered by iyamacog 7 · 1⤊ 0⤋