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 06:06:32 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If my husband's father quit claims his portion of the deed to my husband can we take his ex to court on contempt charges for not quit claiming it to my husband when the divorce was final?
If my husband's father quit claims the deed to my husband can we then take her to court and sue her to get her to finance?
2007-10-16 06:07:53 · update #1
Your husband had no legal right to quit claim something he did not own totally. The quit claim is null and void. You need to get his ex evicted through the proper legal channels.
2007-10-16 06:54:45 · answer #1 · answered by sensible_man 7 · 0⤊ 2⤋
You have indeed created a mess. Was there ever a deed done from the 3 of them; your husband, his wife and the father to just your husband and the father? If not, the house still legally belongs to the 3 of them. Which it does anyway since the QCD was never recorded. It's not legal anyway since your father in law didn't sign it. You need to hire an attorney to research the property to find out just who the legal owner of the property is. Then, if it turns out that it is just your husband and his father, you need to do a formal offer to purchase contract with the ex wife and do things the right and legal way.
You have just learned the lesson to NEVER enter into a verbal agreement. 98% of the time, it will come back to bite you in the ***.
2007-10-16 06:21:16 · answer #2 · answered by KitKat 6 · 0⤊ 0⤋
You have created a legal mess.
It would be hard to get a contempt of court against her for failure to sign a quit claim as some much time has passed. For example, here in Washington you have a year for such motions.
You may have a breech of contract suit against her for failing to obtain financing within a reasonable time. However the lack of a written contract will bite you in some aspects to be sure.
You really need to hire a lawyer and discuss the case with him.
2007-10-16 06:12:46 · answer #3 · answered by davidmi711 7 · 1⤊ 0⤋
Your husband and father in law can bring a court action for partition. The court will determine everyone's rights..
2007-10-16 06:25:11 · answer #4 · answered by Renaissance Man 5 · 0⤊ 0⤋