QUESTION

How can I get the deed to my house back that my husband signed over to my mother in law when he was leaving over seas in case of emergency?

Asked on May 21st, 2012 on Real Estate - Texas
More details to this question:
The mortgage is in my husbands name and the signing over of the deed was not permanent. It as meant only to protect the house if something were to happen to him while he was over seas. It was in no way a permanent arrangement! Is there anything we can do to gain the deed back. This is preventing us from selling our house.
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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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

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