melswife98
New
Reged: 06/17/08
Posts: 3
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Hello everyone:)
Well, I have a situation and need some input. My husband divorced 11 years ago, in his divorce papers, his ex gets the house, however, his name is still on deed. My question is, if she rents the house out, is he also a co-landlord? Is he entitled to rent? Would he be responsible for any costs for repairs, etc? Also, is she able to sell the house without his signature?? Any input would be greatly appreciated!! Thanks
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Jada
Platinum
Reged: 06/02/07
Posts: 3241
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[quote]Hello everyone:)
Well, I have a situation and need some input. My husband divorced 11 years ago, in his divorce papers, his ex gets the house, however, his name is still on deed. My question is, if she rents the house out, is he also a co-landlord? Is he entitled to rent? Would he be responsible for any costs for repairs, etc? Also, is she able to sell the house without his signature?? Any input would be greatly appreciated!! Thanks [/quote]
Why wasn't a quitclaim deed removing his name from the deed executed? Also, is there a mortgage? Is his name still on it?
As long as his name is on the deed, he would be liable for any repairs. And if somebody gets hurt on the property and insurance doesn't cover it completely, they can go after him.
He really needs to get his name off of the deed. Why it wasn't done after the divorce is baffling. Especially since you could have avoided paying the taxes associated with filing a quitclaim deed. Now, there will be a tax for that. And who pays depends on what is in the court order and who was supposed to have filed it to begin with (which couldn't be done until your husband signed the quitclaim deed).
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melswife98
New
Reged: 06/17/08
Posts: 3
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There is no mortgage on the house. Basically my husband trusted his ex-wife. She said she would always live there, she had no intentions of moving and so forth. Well, she has remarried and moved out, which is fine because his daughter lives in the house. However, her mom >the ex< is collecting rent which we didnt know til just recently. We thought that his daughter was living there and taking care of it. The insurance on it is also up-to-date. We are just curious is she is legally able to rent it out without his consent making him a liable landlord responsible for anything related to the landlord obligations.
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Jada
Platinum
Reged: 06/02/07
Posts: 3241
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[quote]There is no mortgage on the house. Basically my husband trusted his ex-wife. She said she would always live there, she had no intentions of moving and so forth. Well, she has remarried and moved out, which is fine because his daughter lives in the house. However, her mom >the ex< is collecting rent which we didnt know til just recently. We thought that his daughter was living there and taking care of it. The insurance on it is also up-to-date. We are just curious is she is legally able to rent it out without his consent making him a liable landlord responsible for anything related to the landlord obligations. [/quote]
What does the court order say about a quit claim? If it is addressed in the court order, then your husband really doesn't have any room to complain because he didn't follow through.
What he can do now is to do a quitclaim on the house. He could try and make a problem, but his ex got the house in the divorce. If this goes to court, all that is going to be ordered done is what should have been done 11 years ago, a quitclaim deed.
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melswife98
New
Reged: 06/17/08
Posts: 3
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Ok, after digging thru our papers I did find it worded in the divorce papers that he is not responsible for anything pertaining to the house after the date of their divorce. And that the divorce papers act as a quitclaim. and that only if she ever sells it he is entitled to a % of the profits. So basically we need to keep these divorce papers til she sells the house to prove that he is not liable for anything correct?
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allthumbs
Platinum
Reged: 07/12/07
Posts: 377
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A family court order does NOT limit his liability. If his name is on the deed, then he is still co-owner and is liable. If I were him, I would re-visit this issue with the ex and work out an agreement re: any and all possible scenarios.
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stoltz
Platinum
Reged: 01/29/07
Posts: 1478
Loc: Texas
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How do you know his name is still on the deed? Were you able to do a property records search? Does he still get property tax mail? If he IS still on the deed then I'd be worried what COULD happen (i.e., liability issues). For instance, if the tenant sues for whatever reason then your husband theoretically could be a party in the lawsuit, since his name is on the deed. Now, it may very well be that such an incident would preclude him from any liability issues if the decree is shown to the judge, but it could make for a sticky situation regardless.
Definitely an odd situation to be in. Usually a judge would order one party 100% rights to the property and give the other party cash for their 50% equity stake at divorce. It's strange that a judge would write it up like this.
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