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Any statute of limitations for our situation?

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MotherTroubles

Junior Member
We live in Ohio. My parents divorced about 10 years ago. With that my mother was entitled to $45,000, half of the estates worth. The house was put up for sale and it never sold. That was how she was supposed to get her payment. Well, now the house is in shambles with much back taxes owed on it. My father said my husband and I with our kids could live in this house. Of course, it needs a lot of work first! Then we'd start paying off the taxes ourselves. We have started work on it. Now my estranged mother caught wind of us doing this and now says she's going to hire a lawyer and put it up for auction. It's heartbreaking to me to think of losing this property. It was first my grandparents, then passed on to my parents. Now my father wants to pass it on to me. What are her rights? What are our rights? The house is worth little to nothing as-is. Is there a certain amount of time she would be allowed to do this? I'm just so worried now, this is my family's future. Please, someone give me some advice!
 


Eekamouse

Senior Member
We live in Ohio. My parents divorced about 10 years ago. With that my mother was entitled to $45,000, half of the estates worth. The house was put up for sale and it never sold. That was how she was supposed to get her payment. Well, now the house is in shambles with much back taxes owed on it. My father said my husband and I with our kids could live in this house. Of course, it needs a lot of work first! Then we'd start paying off the taxes ourselves. We have started work on it. Now my estranged mother caught wind of us doing this and now says she's going to hire a lawyer and put it up for auction. It's heartbreaking to me to think of losing this property. It was first my grandparents, then passed on to my parents. Now my father wants to pass it on to me. What are her rights? What are our rights? The house is worth little to nothing as-is. Is there a certain amount of time she would be allowed to do this? I'm just so worried now, this is my family's future. Please, someone give me some advice!
So your mother doesn't get anything and you get the house?
 

Ohiogal

Queen Bee
We live in Ohio. My parents divorced about 10 years ago. With that my mother was entitled to $45,000, half of the estates worth. The house was put up for sale and it never sold. That was how she was supposed to get her payment. Well, now the house is in shambles with much back taxes owed on it. My father said my husband and I with our kids could live in this house. Of course, it needs a lot of work first! Then we'd start paying off the taxes ourselves. We have started work on it. Now my estranged mother caught wind of us doing this and now says she's going to hire a lawyer and put it up for auction. It's heartbreaking to me to think of losing this property. It was first my grandparents, then passed on to my parents. Now my father wants to pass it on to me. What are her rights? What are our rights? The house is worth little to nothing as-is. Is there a certain amount of time she would be allowed to do this? I'm just so worried now, this is my family's future. Please, someone give me some advice!
Your mother is entitled to $45000. Your father needs to sell the house and give it to her -- even if that means selling it to you. No there is no statute of limitations on this. Your father is bound by the court order. You have no rights. Your father has the right to follow the court order.
 

LdiJ

Senior Member
Your mother is entitled to $45000. Your father needs to sell the house and give it to her -- even if that means selling it to you. No there is no statute of limitations on this. Your father is bound by the court order. You have no rights. Your father has the right to follow the court order.
Or dad could just give mom the 45k if he has it.
 

not2cleverRed

Obvious Observer
Dad could still owe mom $45k ;)
True. But if it's really just about the money, that will solve it.

OP could formalize it by "buying" the property for $45,0001, with $1 going to Dad, and the rest to Mom.

The fact that there back taxes owed means that if Mom pushes too hard, she may get a lot less than $45 K. There may not be many takers for a rundown house with tax liens against it. In fact, if that's the route Mom wants to pursue, there is nothing stopping OP and her husband from bidding.
 

Ohiogal

Queen Bee
True. But if it's really just about the money, that will solve it.

OP could formalize it by "buying" the property for $45,0001, with $1 going to Dad, and the rest to Mom.

The fact that there back taxes owed means that if Mom pushes too hard, she may get a lot less than $45 K. There may not be many takers for a rundown house with tax liens against it. In fact, if that's the route Mom wants to pursue, there is nothing stopping OP and her husband from bidding.
Mom would still be owed 45k. And if dad was to be responsible for the costs associated with the home, then he could be found in contempt. And if mom still owns the house she would have sign the deed for it to transfer to daughter. Unless there is a foreclosure procedure that happens. Then expect mom to file contempt against dad and ask that dad be placed in jail.
 

LdiJ

Senior Member
Mom would still be owed 45k. And if dad was to be responsible for the costs associated with the home, then he could be found in contempt. And if mom still owns the house she would have sign the deed for it to transfer to daughter. Unless there is a foreclosure procedure that happens. Then expect mom to file contempt against dad and ask that dad be placed in jail.
Eh, there are some possible scenarios where dad might not owe mom the full 45k...but mom is definitely due something even if its not the full 45k.
 

LdiJ

Senior Member
How do you figure? I think I know where you are going.
Well, one example might be that if they were both responsible to maintain the home and pay the taxes until it sold, since neither one did, they would both need to take the hit for the reduction in value.
 

Ohiogal

Queen Bee
Well, one example might be that if they were both responsible to maintain the home and pay the taxes until it sold, since neither one did, they would both need to take the hit for the reduction in value.
Yep. That is where I thought you might be heading. And I can agree with that. But that is dependent on the court order which we don't know what it says. All we know is a child wants to demand the house and cheat her mother out of anything because *stomp* *stomp* she is entitled. Of course dad could have been made responsible in which case there is no way around it.
 

LdiJ

Senior Member
Yep. That is where I thought you might be heading. And I can agree with that. But that is dependent on the court order which we don't know what it says. All we know is a child wants to demand the house and cheat her mother out of anything because *stomp* *stomp* she is entitled. Of course dad could have been made responsible in which case there is no way around it.
I have a small bit of sympathy for the OP only because they already started working on the house. However just a small bit. She should have known that she needed to clear it with mom too before starting anything.
 

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