Legal Question in Real Estate Law in Oregon

legalities of buying a house from the husband of the house owner

a person has filed divorce on his wife for running out on him with half of a loan they made. he is trying to sell us this house, but the title is in her name. she is nowhere to be found, and has not signed the divorce papers.

can this person legally sell us the house? what happens to us and our money if we buy it and she comes back?


Asked on 8/18/00, 7:54 pm

2 Answers from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: legalities of buying a house from the husband of the house owner

You cannot buy the house from the husband. If the husband gets a final divorce decree which awards the house to him, then, and only then, does he have the right to sell it to you.

If you give money to the husband now, you will likely lose it because he has no right to sell you something he does not own. When the wife returns, she will be able to throw you out of the house and owe you nothing. Also, you will not be able to sell the house yourself, because you will not be able to give the owner clear title to the house.

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Answered on 10/15/00, 5:57 pm
Jeffrey W. Jones Jeffrey W. Jones, P.A.

Re: legalities of buying a house from the husband of the house owner

No, the seller here cannot sell you the house. If you pay the seller money and she returns, you will lose both your money and your house.

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Answered on 9/27/00, 12:35 pm


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