Legal Question in Real Estate Law in California
How to Remove Name On Real Property Deed
How do I remove the name of my Ex-wife from the deed of our property??? Is this considered abandoment???
We purchsed property 5 years after our divorce..myself thinking we were to re-marry. Six monthe after moving in she abducted our children and left the States for England has remarried and refuses to sign off the property.
From the first day we moved in she never contributed to the over all expenses of the house, I paid all bills and mortgage payments. It has been over 12 years since last time she lived in this house.
I am on total Social Security disability and am forced to give up the property since I can not refinance or sell.
What are my options??? Thank you.
2 Answers from Attorneys
Re: How to Remove Name On Real Property Deed
The only way to remove your ex-wife's name from the property is to: (1) have her voluntarily join in signing a deed transferring the property into your name; or (2) file a lawsuit against your ex-wife. In California the mere fact that she has not lived in the house in 12 years, does not constitute "abandonment." It may, however, coupled with the amount of money you have paid during that period of time, and the amount of money you paid towards the down payment, figure into the ultimate decision a court will make in any lawsuit you bring.
This is an extremely complicated area, and you should seek the services of an attorney whose practice emphasizes real estate in your area, immediately.
Re: How to Remove Name On Real Property Deed
One thing is for sure -- you need the assistance of a lawyer right away. Preferably someone who specializes in real estate, and perferably someone whose practice is in the county where the property is located.
You may or may not be able to get this person off legal title to the property. A lot depends upon what happened -- and how much of that can be proven in court -- around the time the property was purchased. A key factor is the source of the down-payment money. If you provided more than 50%, hopefully 100%, of the down payment, you have a good chance to get a decree placing legal title in your name on a legal theory known as "purchase money resulting trust." Your chances are enhanced to the extent you can also show fraud and other wrongful conduct on the part of the ex-wife.
It may be a problem that you have waited so long to correct the situation. People who sit on their rights lose them. Therefore you must see an attorney and get something going at once. This is especially true if you are facing foreclosure.
What is the market value of the property in relation to the mortgage balance? The more equity you have, the greater your range of options for saving your house or your equity. Who is the note holder? Is it a private party or a financial institution?
If you are anywhere near Sonoma County, contact me with details. I seem to be developing a sort of specialty in this area.
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