Posted on: 28th Jun, 2009 09:32 pm
my husband was married and owned a home with his ex-wife. in the divorce papers it states.
that the wife and husband shall continue to own the real estate in indiana, but as tenants in common. said real estate shall be listed for sale and sold. the wife shall have the exclusive right to possesion of said real estate until sold. upon sale of said real estate and payment of all costs of sale, the parties shall pay the outstanding mortage with chase and any remaining funds shall be paid toward the indebtedness owned to the wife's parents. in the event that there is insuffiecient equaity upon slae of the real etate to pay parents , each party shall be equally responsible for one half of the shortfall. in the event that there are excess funds after the payment of the indebtedness to parents, then said excess funds shall be equally divided by the parties. the divorcee was final in 2003. she had him sign a quit claim deed in 2005. she told him he needed to do this in order for her to sell the property. it is now 2009. she has not sold the property. she moved out several yrs ago and remarried. her brother moved in a yr ago with plans on him buying the house and she stated she was going to use the money form the house to buy a new home since she is now divorced from the 2nd husband. can she really get buy with this quit claim deed? is she not in contempt of court for not doing what was stated in the decree?
hopefully you have a great answer to this horrible question.
that the wife and husband shall continue to own the real estate in indiana, but as tenants in common. said real estate shall be listed for sale and sold. the wife shall have the exclusive right to possesion of said real estate until sold. upon sale of said real estate and payment of all costs of sale, the parties shall pay the outstanding mortage with chase and any remaining funds shall be paid toward the indebtedness owned to the wife's parents. in the event that there is insuffiecient equaity upon slae of the real etate to pay parents , each party shall be equally responsible for one half of the shortfall. in the event that there are excess funds after the payment of the indebtedness to parents, then said excess funds shall be equally divided by the parties. the divorcee was final in 2003. she had him sign a quit claim deed in 2005. she told him he needed to do this in order for her to sell the property. it is now 2009. she has not sold the property. she moved out several yrs ago and remarried. her brother moved in a yr ago with plans on him buying the house and she stated she was going to use the money form the house to buy a new home since she is now divorced from the 2nd husband. can she really get buy with this quit claim deed? is she not in contempt of court for not doing what was stated in the decree?
hopefully you have a great answer to this horrible question.
bradybunch, great question and detailed one.
when your husband signed the quitclaim deed whether at that time was there any kind of agreement between them regarding the time limit for the execution for the sell process? If nothing is there in the written manner as such then it will be difficult.
But again one need to go through the court orders which describes the verdict of the divorce papers.Attorney will be a right person to tell you exactly where you can catch the lady and under which section.
keep in touch...............
:arrow: :arrow: :arrow:
when your husband signed the quitclaim deed whether at that time was there any kind of agreement between them regarding the time limit for the execution for the sell process? If nothing is there in the written manner as such then it will be difficult.
But again one need to go through the court orders which describes the verdict of the divorce papers.Attorney will be a right person to tell you exactly where you can catch the lady and under which section.
keep in touch...............
:arrow: :arrow: :arrow: