“Is my mom legally obliged to sell the house for my dad’s equity in this divorce situation, considering he transferred the deed to her name and didn’t fulfill his maintenance responsibilities?
#divorce #real estate #equity #house sale #legal grounds #disability #financial challenges
Key Details:
– Parents divorced in 2008 with an agreement to sell the house post all children’s graduation, around 2017
– Dad transferred deed and mortgage to mom in 2010 to avoid taxes on his new home
– Mom became disabled post-accident, limited income, paid off the house
– Dad now wants the house sold for his gain in equity, but hasn’t maintained responsibilities
– Mom unable to move due to health, financial constraints after medical expenses
Concerns:
– Legal implications of dad’s actions
– Impact on mom’s financial stability and current living situation
#help #advice #divorce #conflicting interests #equity dispute
Please share any insights or experiences you may have on this matter.”
What “force” is he using?
Your father cannot unilaterally “make” your mother do anything. But he could file some kind of legal proceeding to force her to comply with the terms of the divorce decree, which apparently requires selling the house and splitting the proceeds. I expect that this would require the court to sort out a number of potentially complicated issues, such as:
* What effect does the 2010 deed have on the divorce decree? Does it someone terminate or override the provisions in the decree about selling the house?
* What is your mother’s remedy, if any, for your father’s failure to help pay for maintenance on the house for many years? Does your father lose his right to force a sale of the house? Or does he just have to repay your mother for maintenance costs?
* It sounds like both your parents have waited many years before seeking any remedy for the other’s (possible) breach of the divorce agreement. Does that affect either or both party’s rights?
I suggest you have your mother talk to a family lawyer about this. Even if your father has not filed any legal proceeding yet, she should be ready for such a proceeding, and have some idea of what to expect.
Your father mad a poor decision when he deeded that house to her if it was against the decree.
If such, they are both in violation of the divorce decree and now the home belongs to your mother per public record.
The only way your dad can force your mother is through a courtroom. You mother should plan for court, but not make any moves until it gets there.
You’re headed for court. Consult a lawyer.
I would help your mom gather all the receipts and documentation. How much she has spent on the house since the divorce and what your dad has contributed.
Also see if there is any communication from when he signed over the deed/ mortgage put in his name.
Mortgage, taxes, repairs and upkeep all those type of things. I would also want to add interest since it has been years of her doing all this on her own.
She can still consult an attorney and find out what they recommend and how much money it would cost to retain one.
This is definitey lawyer area. Was his agreement to split the maintenance and the mortgage/taxes? Or just the maintenance?
If your dad was the breadwinner with the income, can we assume that the mortgage included him at one point? If in 2010 your mom refinanced the mortgage into her name and assumed sole responsibility, I think you could easily argue they sold the house to her at that point, fulfilling the obligation. He hasn’t acted as if he was held to the terms of the divorce since then, it’s harder for him to argue now (and esp if the milestone in the divorce passed 7 years ago with no action)
I think, at best, your dad could argue that he is due the difference in appreciation from the time of divorce in 2007 to 2010. (Or when the house was transferred to your mom’s name).
At least, I think a savvy lawyer could argue back and maybe make this go away.
I would also add the thought that, per the divorce, it was to be sold and split in 2017. So anything going forward would be based on a 2017 valuation of the house. As we all know, the housing market practically doubled since 2020 in many places. He shouldn’t be getting a cut of half of that. It may be hard to estimate what it could have sold for in 2017, but I’d push that his piece of the pie ended then in regards to what he can make off the sale.
If her name is on the title deed and the mortgage is in her name only, it seems to me that he effectively gave a quit claim. Talk to a lawyer.
If it was written into their divorce decree then he can go to court to enforce it. The reality is that she has had 15 years to figure out a plan and hasn’t. He could have gone to court to enforce it 7 years ago.
Signing the deed and mortgage over was the common and proper way to handle this. It in no way voids his settlement.
If it makes y’all feel better, you mother has gotten an interest free loan for over a decade. She came out on top.
Lawyer now this is very area specific and contract specific. For example my mom had her 2nd husband just walk away from the house not help taxes etc, he went for half the house and ended up with nothing. Where I live you take out initial investment and split the profit but the judge took out his half of the costs which included finishing the house, there is a long story there but in the end my mom.walked away with 100%of the profit.
If there is a way to calculate equity earned when she took over everything, and equity earned after she paid everything, maybe a lawyer could make a case he’s only entitled to the equity gained while he contrubuted?