Legal Question in Real Estate Law in Texas
Title Issue-Need Help w/ Ex-Wife
I got a warraanty deed from a friend for a piece of property.
When I went to get title insurance I was told that the man who sold the property to my friend didn't have his wife sign the quit claim deed, he felt he didn't have to
since they were divorced and the property was not part of the divorce decree. Wrong! I have located the ex-wife and I think I need a lawyer to arbitrate my dealings with her. She is not cooperative even though she has shown no interest in the property for over 20 years. When I acquired the property the taxes had not been paid for over 20 years there were city grass cutting liens, all of which I have paid over the years.
The neighbors say it was a abandoned dump before I clean it up. I really need to see what I can do to resolve this, I've thought about sending her a letter but I think I really need the backing of a lawyer. I want to stop paying the taxes but my husband says were are too invested now, so I think my only recourse would be to take her court and try to prove she has no interest or adverse possession.
Please advise.
2 Answers from Attorneys
Re: Title Issue-Need Help w/ Ex-Wife
Your choices are: 1) convince the title company to insure despite the wife's outstanding interest -- very unlikely based on yor description; 2) come to a deal with the wife -- surely possible, but at what cost; or 3) sue -- again, based on what you describe, it looks like the wife has an interest, and she will have to be paid, either through negotiation or litigation (a partittion suit to force division or sale of the land, for example). It's not open and shut that you can charge the wife for the taxes and liens you paid, nor is it certain you cannot. I think you do need a lawyer to open negotiations with the wife, and if negotiations fail, to sue. Anopther option -- you can sue the friend, and perhaps his seller, on the warranties in their deeds. A bad situation, but an illustration that you should always buy title insurance when you first acquire property.
Re: Title Issue-Need Help w/ Ex-Wife
From the fact pattern, I can't tell if she has an interest in the property or not. Assuming that she does own an interest, you have a few options.
Option one is to work with the ex-wife. See what she wants in exchange for her name on a deed. If the amount she wants is nominal, then paying her off might be the path of least resistance and the least expensive for you.
Option two is to do an adverse possession action (expensive). This could be either a suit to quiet title or a trespass to title.
Also, the guy who sold you the property may be liable for the costs you incur because he breached the warranty on the deed.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
