Legal Question in Real Estate Law in Iowa

Property Ownership when not married

I purchased a home and the realtor insisted that my boyfriend sign the paperwork. I do not have a mortgage, as I paid cash. They money was paid from my personal account. His signature is on the original purchase offer, but nothing else. The paperwork was not finalized when we split up, as the property was still in probate. The realtor said that the property would have to go back through probate to remove his name from the paperwork, and the realtor refused. I have not signed the final paperwork and have not received the abstract. He refuses to sign a quit claim deed. What steps do I need to take to remove his name from the property and finalize the paperwork?


Asked on 11/27/04, 8:06 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Property Ownership when not married

Sounds like you're in one of those Iowa counties where the real estate agents like to practice law. I strongly recommend you contact a real estate attorney and the state agency which regulates real estate agents. Your message is unclear as to whether the closing has occured, i.e., whether you've paid for the house and deed has been delivered. If no, boyfriend needs to be removed from the offer, period. Do not proceed to closing until you have hired your own attorney, no matter what your real estate agent might say about this. Your real estate agent is NOT an attorney and cannot even discuss with you whether or not this will require anything concerning probate. Contact the seller's/estate's attorney directly or through your own attorney. If you have paid and the deed has been delivered, then you have problems, and you need to contact an attorney in your area immediately.

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Answered on 11/29/04, 9:51 am


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