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 06:08:42 · 3 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
If my husband's father quit claims his portion of the deed to my husband, can we take her to court on contempt charges for not quit claiming the deed to him when the divorce was final?
If my husband's father quit claims the deed to my husband is there any way we can take her to court and sue her into financing?
2007-10-16 06:09:51 · update #1
You may need a lawyer to sort this all out.
If the ex refinances, then the new deed would be in her name only. There really isn't any need for anyone to do a quit claim deed till the closing.
If you sign quit claims, you give up your rights but your hubby is still on the mortgage. Not a smart thing to do.
2007-10-16 06:16:42 · answer #1 · answered by bdancer222 7 · 0⤊ 0⤋
I additionally strongly motivate you conversing with an lawyer. despite the fact that, in CA a end declare is legal and binding, meaning your husband won't have a declare on those residences. My husband become unwell and he become the co-proprietor as CA is an area aspects state and that i had have been given the money by using a private loan on my earnings and credit by myself. using his ailment we knew if he died mutually as nevertheless the co-proprietor his ex and her little ones would desire to objective to declare a potion of his 0.5. We have been worried she would attempt inspite of a will pointing out all of it went to me. This aspects had no longer something to do with that spouse or those 2 little ones. He paid baby help. i offered this living house for us. So, he did a "present" launch, this is comparable to a end declare in uncomplicated terms the way it rather is worded while a husband releases his proportion of a aspects to his spouse in an area aspects state. this type it become no longer even his aspects while he handed and no one would desire to place a declare on it. i think your husband does no longer have any declare on the residences ought to you divorce. A end declare is precisely what it sounds like: He has "end" all present day and destiny "claims" on those residences. this suggests he's no longer the owner in any way now or interior the destiny. i think that's as binding as my husbands "gifting" deed to me with our aspects. I propose you communicate with an lawyer who works in authentic aspects. it might fee a pair of hundred money for a consulatation for guidance. The lawyer can ease your and your dad and mom minds approximately this concern lots extra suitable than anybody right here at Yahoo! solutions, till one is an lawyer and solutions this question. despite the fact that, I quite doubt any lawyer is on right here as they are in basic terms way too busy for something like this. lol reliable success looking the guidance you need to ease your recommendations and your dad and mom minds. Blessed Be.
2016-12-29 13:13:47 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Wow... what a pain! I would call a good real estate attorney right away
2007-10-16 06:20:58 · answer #3 · answered by sweetsum691 5 · 0⤊ 0⤋