My father abandoned us – how can my mom remove his name from the title of the house?
First of all the property settlement agreement has not been completed therefore although the divorce might have been granted but the issue as to who gets what assets is not. I would seek free legal counsel and file a motion pursuant to the case # on your divorce which should still be valid and file a claim on everything he has and then ask him for a special warranty deed on his interest to the NJ property in trade for releasing your lis pendens on all he has, this of course if there are no child support issues. Not knowing if there are support issues I’ve included that link. Here are some links that might help you out Free legal aid search for all states: http://www.lawhelp.org/ Child Support contacts for all states in the US: http://www.acf.dhhs.gov/programs/cse/ext… Best of luck on your research. As a side note he and your mom still own the property together u
Well your mom might want to check the paperwork he had her sign. If there is a document titled “Quit Claim” deed than she signed all her rights over 9 yrs ago. That Quit Claim deed should have been recorded so if she calls a Title company she can ask them for a Property Profile. If they say she has to pay, have her ask them if they could see if her name is on the Title. This is very important! He would have had to buy her out 9 yrs ago and be qualified to have a mortgage on his own. This would have been through the divorce but things do slip through the cracks. If you can help her, do some research like starting with the above. Also have her call the mortgage company and ask the Loan Officer who is on the mortgage. She will be able to see if there is one or more, if it was refinanced or if there was a second taken out on the house. You can do all of this without a lawyer just keep track of all conversations including who you or your mom spoke with, names,what their position is,times,da
This is very unfair, and it is also dangerous. If he falls behind on his taxes, the IRS can come after her. Perhaps legal aid can help … look up in the phone book for this … they get lawyers to do pro-bono work for poor people who cannot afford a lawyer, although it perhaps could be argued that someone who owns a hosue scan in fact afford a lawyer. You might also look into small claims court. This is where legal disputes can be settled without a lawyer, although your mom’s case may be for more money than can be done here. Even though she has been paying off the mortgage for the last 9 years, father could legitimately claim that his part ownership entitles him to a significant sum of money. I also suggest a safety deposit box in a bank, in her name only. with a copy of the financial records showing that mom has paid most of the mortgage … this way if father ever returns and makes trouble, the papers are in a safe place.
