Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Other Real Estate Law Questions

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-22-2006, 12:45 AM
Junior Member
 
Join Date: Jul 2006
Posts: 13

Release of Interest


What is the name of your state? California

Ok, my step father got divorced from his first wife and got the property in the divorce settlement. He had passed away several years latter and left the property to my mother in his will.
Now the ex-wife’s name is still on the deed and she refuses to release interest in the property and is looking into selling it.
Now she has copies of the divorce settlement, and the will.
What dose my mother need to do to stop the sell and get the property in to her name?
And is there any way she can do this with out an attorney?
  #2  
Old 07-22-2006, 07:47 AM
Senior Member
 
Join Date: Jan 2003
Posts: 19,155
If his ex was still a partial owner of the real estate, mom was ONLY willed stepdad's partial interest. So mom and her late husband's ex are co-owners of the property. If the property was awarded completely, and ex had never signed a deed. Mom should see an attorney, and have them review the exact language of the divorce decree, I Have seen judges order a party to sign a quit claim if they had previously not cooperated in the property award..

If Dad was merely awarded use of the property, Mom needs to buy out the ex, or sell and pay her her share. Ex can file for partition and force sale, if mom won't try to wwork something out.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:06 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.