Difficult Situation

[Shaylyn71]

What is the name of your state (only U.S. law)? Washington

My husband, his mom, brother, sister and I reside in a house that once belonged to him and his ex-wife. Although she got the house in the divorce she moved to Texas to live with her new husband and had a verbal agreement to let him and his family stay here, pay the mortgage and in 3 years buy the house from her. Since he and I have married she has changed her mind and want us to sign rental agreements for the house and she wants to come and stay in the house with us for a few weeks to get things in order. Casey, my husband is still on the mortgage since she cannot refinance on her own. We have a few questions.

1. Can Casey be forcefully removed since he is on the mortgage?
2. Can the family be forcefully removed?
3. Can she come in and stay anytime she wants to?
4. Does the verbal agreement hold any weight?
5. Can she turn this into a rental without Casey’s approval?

We are looking at moving but we can’t do it before she wants to come and stay and there is no way that she and his family can be in the house at the same time. She has told us to make sure they are gone when she comes.

Any advice would be greatly appreciated.

 

[justalayman]

If Casey signed a deed transferring his interest in the home to his ex, she owns the home and can treat Casey, you. And anybody else as tenants. Yes you all can be evicted.

Depending on what the rental agreement states she may or may not be able to force Casey et al to allow her to stay in the home. If Casey et al have an exclusive right to the premises then ex has no right to stay at the property unless Casey allows her to.

The verbal agreement is meaningless. All contracts for real estate must be in writing.