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clarkcabinet · Nov 20, 2009, 12:58 PM

Trying to help a friend...

Divorced, she purchased her spouse's half of their house about 10 years ago.

10 years later, while trying to re-finance, she finds that her ex-husband is still on the title.

No liens on the property.

Her title company tells her that her ex husband needs to sign the title over to her before she can re-finance.

Ex-husband is not being, ahem, totally cooperative.

Is this really necessary? She has all of the records from the sale.

Is there a way for her to get the title without going through the ex-husband?

Any advice greatly appreciated.

Clark

twinkiedooter · Nov 22, 2009, 04:14 PM

Is there anything such as a Court Order in the divorce proceedings that states exactly that? If so, then file a Motion with the Court that the exhusband must sign the deed over to the exwife. It might take a few dollars for an attorney to handle this matter for her but it would be well worth it in the end as there is no other way to get around it legally.

Fr_Chuck · Nov 22, 2009, 04:23 PM

Was it bought out as part of the divorce agreement

When she bought it out, what happened to the new deed that was signed at the time of sale, that is what happens in a sale, he signs the deed.

If she merely "paid off the loan" thinking she was buying the house, she was mistaken

clarkcabinet · Nov 23, 2009, 01:58 PM

Originally Posted by twinkiedooter

Is there anything such as a Court Order in the divorce proceedings that states exactly that? If so, then file a Motion with the Court that the exhusband must sign the deed over to the exwife. It might take a few dollars for an attorney to handle this matter for her but it would be well worth it in the end as there is no other way to get around it legally.

Thanks for your help.

More background -- I have to go back and forth between my friend and this forum, so thanks for your time:

They were divorced around 1993. She purchased the property from him in full around 1998 or so. Time had passed between the divorce, which established dual ownership, and the purchase (which occurred years later when she came into some money).

There is an amendment to the divorce settlement stating this, and cancelled checks proving payment.

You believe the next step would be to get a lawyer to file a motion with the court that the exhusband must sign the deed over?

Again, very much appreciate your help.

JudyKayTee · Nov 23, 2009, 04:29 PM

If he was to sign a Deed as part of the divorce settlement and did not "you" can file a motion to hold him in contempt.

I know; I did.

twinkiedooter · Nov 23, 2009, 05:31 PM

I agree with JKT. File a Motion for Contempt and the Judge will order him to sign the deed over to her. Then she can sell the property.

Fr_Chuck · Nov 23, 2009, 07:20 PM

I will disagree, if the divorce court established ( as they stated) a dual or joint ownership, there was no order of the divorce court for him to sign it over or to buy it out. But they were to own it jointly after the divorce.

And then after 10 yearss she offered and he agreed to buy it out.

At that point, she did not do a proper and legal sale, since there was no new deed drawn up and no new deed signed. So she merely gave him money and I will assume some type of receipt or contract was done.

So she needs to take all of the paper work ( since all property sales have to be in writing, they can't be verbal) to an attorney, and hopefully there will be some paper that states she is selling his full interest of the property to her. Then he will be sued for breach of contract for not signing the deed over.

If there is no contract for the sale, no statement that it was payment in full for his share of the home, then proving what the payments were for will be harder.

What happened, it appeared she bought it out without using an attorney or title company and did not know how to legally buy a home

JudyKayTee · Nov 24, 2009, 06:31 AM

I said "If he was to sign a Deed as part of the divorce settlement and did not "you" can file a motion to hold him in contempt.

I know; I did."

I was not addressing the situation if there was NO such order.

Just clearing up a misunderstanding.

clarkcabinet · Nov 24, 2009, 08:52 AM

Originally Posted by Fr_Chuck

I will disagree, if the divorce court established ( as they stated) a dual or joint ownership, there was no order of the divorce court for him to sign it over or to buy it out. But they were to own it jointly after the divorce.

And then after 10 yearss she offered and he agreed to buy it out.

At that point, she did not do a proper and legal sale, since there was no new deed drawn up and no new deed signed. So she merely gave him money and I will assume some type of reciept or contract was done.

So she needs to take all of the paper work ( since all property sales have to be in writing, they can't be verbal) to an attorney, and hopefully there will be some paper that states she is selling his full interest of the property to her. Then he will be sued for breach of contract for not signing the deed over.

If there is no contract for the sale, no statement that it was payment in full for his share of the home, then proving what the payments were for will be harder.

What happened, it appeared she bought it out without using an attorney or title company and did not know how to legally buy a home

Thanks all for your help with this. Friend writes:

"the amendment does state that I was purchasing the property from him...(it was going to be sold and there was an offer on the house)...So yes it is stated in the amendment. And yes I have the cancelled checks for the amounts required."

So the divorce amendment does (apparently) show that she purchased the property from him. And she has the cancelled checks to prove payment.

Y'all think the motion with the court is her next move?

One other possible complexity... she resides in the state where the property is located and the divorce was settled. He has moved to a different state. Does that complicate the motion filed with the judge?

Thanks again for your help.