Legal Question in Real Estate Law in Indiana
Tricky - Four Tenants in Common
In 1995 I purchased a home with my then husband, my mother and brother. We all lived in the home. In 1996 I divorced my husband but he refused to quitclaim the home. He created and signed an agreement that if he was allowed not to pay his quarter of the mortgage for a certain period of time then he would deem his initial portion of the deposit ($1600)paid in full and he would resume mortgage payments. He never fulfilled his part of the agreement and still refuses to sign a quitclaim. He has not contributed to the upkeep, repairs, or remodelling of the home but feels he is entitled to money to quit the home. He is in arrears on child support and wants me to agree to wipe this debt for his signature on the quitclaim. I refuse as this is money owed to his son. I feel that he has breached two contracts of commitment to pay mortgage and I want to invoice him for the $16900.00 owed. The 3 remaining tenants are willing to forego suing him for the repayment of the $16900.00 for his agreement to quitclaim. Are there any precedents to support us?
1 Answer from Attorneys
Re: Tricky - Four Tenants in Common
If your divorce decree does not settle the ownership issue between yourself and your ex, then you must rely on the agreement (even if it was not in writing) and sue him to either quiet title or enforce the agreement. You must go back to your divorce court to enforce your child support. You may, but cannot be forced to, collect against his interest in the real estate by foreclosure against him. You are entitled to both enforce and collect child support, as well as to enforce the agreement on the house without giving in to his offer to settle both issues for a quitclaim. If you have not been to your local prosecutor to enforce your child support or have not contacted an attorney to do so, you ought to get on with it. The child support he owes is money to reimburse you what you have spent on supporting the child to date without his assistance. Apparently it has not been brought to his attention that his child support obligation is a continuing one and separate from any issues that deal with your real estate.
You sue him in a new lawsuit for his share of the monies he ought to have paid in for the real estate, and you go back to the divorce court to enforce child support at the same time. He is forced to quitclaim his interest in the property to you as a resolution of the lawsuit, while finding out he is still liable for the child support he has apparently chosen not to pay.
He has no right to force you to accept his interest in the property in exchange for the child support.
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