Title and Land Contract Issues

[rb860]

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

Hello,

I have a situation that I need some help sorting through and thought that I'd try to find some starting points by asking this forum.

My mother and father were divorced in 1992. In 1987, they were transferred property by land contract by a third party. In the terms of their divorce, my father was granted use of the house, although it had still not been paid/transferred out of the third party's name. He skipped town shortly thereafter and has been out of the state ever since. My mother and I moved into the house, and she paid all of the house payments/taxes ever since, to the point of completely paying it off a few years back.

This property is still in the third party's name. Many attempts have been made to get my father to transfer over the property, but he has made dozens of excuses. We need to have the title switched over to either my mother or myself for many reasons. He, of course, is making this difficult.

My questions are:

1) How difficult is this process to switch the title? One of his excuses is that he hasn't been back to Ohio, but I'm under the impression that this is just paperwork and doesn't require physical presence.

2) Is there a way that my mother or I could take possession of the title, going above his head?

We have been in the home over 21 years, which I believe is the requirement for adverse possession. Not sure that we meet all the requirements for adverse possession, since I am technically his blood? Thoughts?

Thank you so much!

 

[tranquility]

1) How difficult is this process to switch the title? One of his excuses is that he hasn't been back to Ohio, but I'm under the impression that this is just paperwork and doesn't require physical presence.

I am uncertain as to what "process" you are talking about. If it is simply a deed to be signed over to you, pretty easy. If anything else, very hard. If your dad chooses not to cooperate, you will either have to do a partition action or, if the divorce decree would give your mother rights to the property if he leaves the premises, take him back to court for contempt. Realistically, I am uncertain as to why you believe mother deserves to wholly own the property.

2) Is there a way that my mother or I could take possession of the title, going above his head?

Partition action if mother is a co-owner with father or contempt action if father no longer has rights and is required by the divorce court order to help with the transfer. Adverse possession is very difficult against a co-owner to prove all the elements required. From what you've written, I'm not sure you can prove the use was hostile and not permissive.

 

[Zigner]

Partition action if mother is a co-owner with father or contempt action if father no longer has rights and is required by the divorce court order to help with the transfer. Adverse possession is very difficult against a co-owner to prove all the elements required. From what you've written, I'm not sure you can prove the use was hostile and not permissive.

Dad actually is the one with rights to the house, per the divorce decree...

ETA: It would probably be best if we actually knew the terms of the divorce decree that gave dad "use of the house". Perhaps it's time for mom to log on to ask her own questions...?

 

[rb860]

Dad actually is the one with rights to the house, per the divorce decree...

Father was granted rights to the house per divorce decree, stating that he was responsible for making the required payments. None of the payments were ever made by him - he skipped town, telling us to move in. My mother made all the payments for him so that we could live there.

In reality, there's a fair bit of controlling going on. He doesn't want my mother to have the property, and states that he would call the lawyer and have it transferred over to me. Then, of course, this never happens. The reason I mentioned "process" is that he is trying to paint the picture that it's very difficult and costly for him to do so, which in reality, what you've described is that it is not.

EDIT: Zigner, mom is older and doesn't use web forums. I'm asking this question for her and for me. Just logged onto this site looking for information, and not sure what your ellipses imply tonally. I can provide the actual language of the divorce decree later (not around the actual document currently.)

 

[tranquility]

Dad actually is the one with rights to the house, per the divorce decree...

ETA: It would probably be best if we actually knew the terms of the divorce decree that gave dad "use of the house". Perhaps it's time for mom to log on to ask her own questions...?

For our state, it is not entirely unusual for one spouse to be granted possession of a property as long as they live there. Something like a defeasable life estate in a divorce.

 

[tranquility]

Father was granted rights to the house per divorce decree, stating that he was responsible for making the required payments. None of the payments were ever made by him - he skipped town, telling us to move in. My mother made all the payments for him so that we could live there.

It seems like those payments may have been a gift or rent, depending on what "rights to the house" means. Ownership or possession? Did your mother and father come to some agreement in regards to the payments so that you could live there?

In reality, there's a fair bit of controlling going on. He doesn't want my mother to have the property, and states that he would call the lawyer and have it transferred over to me. Then, of course, this never happens. The reason I mentioned "process" is that he is trying to paint the picture that it's very difficult and costly for him to do so, which in reality, what you've described is that it is not.

It seems it would be a gift. One he would probably have to file a gift tax return for. If he does not want to make that gift, I think it unlikely, depending on the exact facts, to force the property from him.

 

[Ohiogal]

Your mother has been paying rent for your father's home. She has NO ownership claim nor do you -- at least not under Ohio law.

 

[rb860]

The property contract was between the original homeowner and my mother and father. In the divorce papers, it stated that my father would be granted the house. When he left town (unable to make the payments), my mother took over paying off the balance of the house to the previous owners so that she and I could live there. They weren't rent payments. After completely paying off the property, it was discovered that the ownership of the home had never been transferred out of the original homeowners' name. My mother had been going off of the assumption that since my father was granted the house, this was taken care of. It was not. So actually, he is also refusing to transfer the property ownership to his name and the property is still technically under the old homeowners name.

 

[Zigner]

The property contract was between the original homeowner and my mother and father. In the divorce papers, it stated that my father would be granted the house. When he left town (unable to make the payments), my mother took over paying off the balance of the house to the previous owners so that she and I could live there. They weren't rent payments. After completely paying off the property, it was discovered that the ownership of the home had never been transferred out of the original homeowners' name. My mother had been going off of the assumption that since my father was granted the house, this was taken care of. It was not. So actually, he is also refusing to transfer the property ownership to his name and the property is still technically under the old homeowners name.

While it is a mess, it seems apparent that the house rightfully belongs to your father. As was mentioned above, the payments your mother made could (and should) be considered to be the rent she paid for living in the house all those years. I think the best thing you can do to help your mom is to help her pay for an attorney to help sort this matter out.