QUESTION
Who owns a home if the ex wife died before refinancing?
Asked on Jun 27th, 2011 on Divorce - Georgia
More details to this question:
In the case of a divorce where the husband signed a quit claim deed on a house with the contingency of the wife refinancing. Before refinancing, the wife quit claimed the house into her revocable trust. Then, 2-3 months later she passed away prior to refinancing. The husband is solely on the mortgage with no ownership in the house. Does he have any recourse?
15 ANSWERS
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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The trust owns the house. Depending on the terms of your divorce judgment, you may be able to force a sale or refinance. You should consult with an attorney.
Answered on Jul 05th, 2011 at 12:51 PM
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A "quit claim" deed is not a document normally used in a Louisiana community property settlement. However, depending on the wording of the document and the "contingency," the deed may have what is known as a resolutory condition. Your questioner may have a claim in the woman's succession or to "bust the trust" if the resolutory condition-refinancing never occurred.
Answered on Jul 01st, 2011 at 4:41 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You may be able to enforce the decree in the probate proceedings.
Answered on Jul 01st, 2011 at 10:14 AM
This question is a tricky one and would require a review of the divorce decree/agreement and the quitclaim deed signed to properly answer it. Depending on what those documents say, the recourse would be to either bring a contempt action against the estate of the ex-wife or to file some type of claim with the probate Court.
Answered on Jun 30th, 2011 at 11:57 AM
Theodore W. Robinson
I believe the quit claim deed can be said to have been given based upon the condition that she was to refinance the house. In such a case, you will have to go back to court and seek to rescind the deed because the "condition precedent" was not met by her due to her demise. They you must ask for the deed to be transferred back to you so you can sell it or do whatever else you wish. Speak to the attorney who handled the case for you. Good luck.
Answered on Jun 30th, 2011 at 9:03 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The complete answer will depend partly on the specific terms of the divorce decree or separation agreement and the state law of the state where the decree was entered. The likely final answer is that the deceased wife's trust is the legal owner of the property, but the husband may have a legitimate claim for some equitable relief from the trust or the decedent's probate estate. Husband should consult an attorney to evaluate the specific facts and determine what viable options are available.
Answered on Jun 30th, 2011 at 9:03 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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This is a probate question not a divorce question. I don't think he has any ownership rights in the house but he can sue her estate to remove him from the mortgage-which it probably can't. The remedy then is an interesting question and a probate attorney can help you with that.
Answered on Jun 29th, 2011 at 2:40 PM
Yes, he can make a claim in the probate/under her Trust for the amount of the mortgage - which would force them to refinance or pay it off.
Answered on Jun 29th, 2011 at 2:01 PM
You are probably going to have to contact an attorney that practices a lot in the areas of trusts and estates rather than in divorce. My guess is that what recourse is available, if any, it going to depend on a detailed examination of all of the documents involved in this series of transactions.
Answered on Jun 29th, 2011 at 1:43 PM
Steven D. Dunnings
File a motion with the court to require her estate to either refinance or sell the property.
Answered on Jun 29th, 2011 at 11:45 AM
William Guy Pontrello
If the contingency is written properly, since the contingency didn't happen the husband still has title to home. He also owes the mortgage no matter what!
Answered on Jun 29th, 2011 at 11:30 AM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Under Washington law, if he signed a quit claim, then it would appear he no longer has any ownership interest. He may want to consult with a probate attorney as to what is likely to happen with regard to the mortgage and her estate. It may well be that whoever inherits the house will need to take over the mortgage in order to avoid foreclosure.
Answered on Jun 29th, 2011 at 10:54 AM
Patricia C. Van Haren
You could be able to request that the estate pay off the loan. It is difficult to provide an answer without reviewing both your divorce judgment and the trust documents. You should contact an estate attorney or a family law attorney to discuss the particulars of your case.
Answered on Jun 29th, 2011 at 10:52 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Best answer is: probably you have recourse, but it will not be inexpensive or easy. See a local domestic relations attorney today.
Answered on Jun 29th, 2011 at 10:34 AM
Glen Edward Ashman
The wife's trust would own the house in that case. He may possibly (depending on the language of the divorce) have a right to sue her estate although the usual remedy, contempt, is meaningless once she's dead.
Answered on Jun 29th, 2011 at 9:49 AM