hazel
New
Reged: 12/21/07
Posts: 2
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what recourse does a spouse have when the other spouse has paid a downpayment on property and then recorded it under a friends name?
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soon2bfree07
Gold
Reged: 10/19/07
Posts: 141
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I'm in another state, but my stbx, did the same thing. I had to find out where the money came from that he used to pay for the new house.
I subpeoned the mortgage company (to get a copy of the check my stbx used to pay for it)You need to know if the money came from marital funds and subpeoned the other person's bank records along with my stbx's records AND checked the land records to see if the other person signed a power of attorney enabling my stbx to handle all finacial dealings which he did!
So, their new house, although it's in a different state under a different name is now marital property and I have all legal rights to them sell or whatever the judge decides. We haven't went to court yet!
Good luck, and it's alot of hassle but may be worth it in the end.
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OneUnifiedSystem
New
Reged: 12/27/07
Posts: 13
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Hazel,
I am Tabitha White, Author of Child Support Federally Mandated. I am giving out copies of the book free during my Promotional Week now. You will find information on this topic in the book and how to deal with it effectively. Send me an e-mail if you want one at; ChildSupportFederallyMandated@hotmail.com
Before I began writing I worked as a Real Estate Broker. I can tell you from my own experience in the Macomb County, Michigan Friend of the Court experience that all you need to do is provide proof to the courts.
If you can get a copy of the downpayment check that should be proof enough that it was your ex's money. You need to check with the local government office where the house is located to see how the deed to the home is recorded. If your ex had the deed to the home put in his friends name if your ex passes that home will not revert to your child/children, unless they placed ownership on the deed with reversionary rights back to your child/children. In Michigan we call the County Recorders office. I am not sure what office it would be in your state, but a great place to start is the tax accessors office.
There is a big difference between a deed and a note. The note (mortgage) is what secures the debt, it is evidence of the debt. It does not matter who's name is on the mortgage, they do not own the home. The person/persons who appear on the deed are the actual owners of the home.
If your ex had the friend put his name on the deed contact him/her and let them know if they sell it you will give them half! Continue to check with the recorders office as it is easy to slip a Quit Claim Deed in without anyone knowing. This would then transfer the rights and ownership back to your ex, if he did this.
Tabitha White, Author, Child Support Federally Mandated
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ChildSupportFederallyMandated@hotmail.com
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hazel
New
Reged: 12/21/07
Posts: 2
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thank you Tabitha, I tried to e mail you for the book, but the message came back...so will try this way. If it works I will send my address so I can get your book
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mistake#2
Platinum
Reged: 07/19/06
Posts: 3136
Loc: Florida
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bump
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