Legal Question in Real Estate Law in Iowa

My husband bought his grandfather's house shortly before his grandfather died. He allowed his mother to stay in the house provided she pay the taxes in lieu of rent. She manipulated the treasurer's office to where we weren't receiving the tax notices and she kept swearing that she was paying the taxes. We called the treasurer and found out that she wasn't. For 2 years she didn't pay. So we started the eviction process. But she thwarted us and filed for Quiet Title. She is disabled and so she is playing the disability card. Her attorney assures her that she will win Quiet Title and that we can't evict her. But the house we are renting has been sold and we have to be out by Sept. 30th and we would like to move into our house. The court date is in mid-October but we need somewhere to go before that. Why does she have more rights than my husband who owns the house? What can we do to get her out?


Asked on 9/03/10, 7:14 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

I would certainly want to see the documentation that demonstrates that your husband owns the house before I would offer an opinion. Obviously, the other attorney is of the opinion that she has a valid claim to the house. I would hope you have an attorney representing you in this quiet title action. If you do, you should ask these questions to that attorney. If you do not, I highly recommend you hire one immediately. This can get very complicated very quickly.

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Answered on 9/08/10, 7:37 am


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