Legal Question in Family Law in California
Property in non-marital party's name
My friend and I moved into a house that is titled in her mothers name. In her divorce the court ''awarded'' it to her ex-husband with stipulations that he refinance the loan in one year, keep up the property taxes and insure the home. The agreement was made in court on Feb 27th 2002 and they were to return to court on March 20th 2002 yet he failed to show. She signed the papers and he refused to even when he went to jail in May 2002. Finally his lawyer signed for him and returned the papers in Oct 2002, with out his signature, so they are stamped as filed Oct 9 2002. We were under the impression that one year was Feb 27th. Her mother in law served her yesterday saying that she had a power of attorney for her son (he is in jail currently) and that they had until Oct.8 2003 to refinance and that my friend and her mother have no title because it went to him in the Dissalusion of Marriage. The title is still in her mothers name and they are two years behind on the property tax so does the mother in law really have legal rights? She also said she had a buyer, yet has not contacted my friends mother for sale of the house, she can't sell it with out the tile owners signiture can she? Can she legally have us removed?
1 Answer from Attorneys
Re: Property in non-marital party's name
You question appears to be very complex and requires that you take the documents, divorce judgment, etc. With these documents and any additional documents and information you can fully explain your situation to an attorney.