Your statement raises the question of why your husband conveyed his (and your) home to his mother rather than to you when he went overseas??? Was there marital discord at the time?
Your statement suggests that you and your husband are still together but that his mother refuses to convey the house back. Does she think she is being protective to her son for some infirmity that he has, or is she being greedy and unreasonable?
If your husband's mother refuses to re-convey the house, then I see no alternative but to file an action in court to try and get the deed to her declared void. Whether that can reasonably be done will depend upon your state's laws with respect to such a situation. My guess is that she paid no consideration when she received the deed. If that be true, there is at least some chance a court would declare the deed void. Perhaps the hard part is your husband making peace with the idea of having to file suit against his mother. (He would not, of course, be seeking monetary damages but he would no doubt do serious damage to any relationship that he might have with her.)
Answered on May 26th, 2012 at 1:14 PM