Q: My mom's husband is divorcing my mom and in the summons he's asking for 50% of my condo.
My mom just recently received the summons and he's asking for 50% of the house that I live in. He helped me buy it by lending me his credit. I gave all the money for the downpayment and closing costs. He was fully aware that he was helping me and that I would take him off title, which he did....he signed and notarized a quit claim deed for the house 10 months later as planned.
Can he actually take my house in his divorce to my mom?
A:
Based on the information you've provided, it seems unlikely that your mother's husband would have a valid claim to 50% of your condo in their divorce proceedings. Here's why:
1. The condo is in your name, not your mother's or her husband's. It sounds like you are the sole owner of the property.
2. Although he initially helped you buy the condo by lending you his credit, you provided all the money for the down payment and closing costs. This suggests you are the one who actually purchased the property.
3. Most importantly, he signed and notarized a quit claim deed relinquishing any ownership interest he may have had in the condo. This legal document should override any claim he is making in the divorce.
However, divorce proceedings can sometimes become complicated. Your mother should make sure to inform her divorce attorney about the situation with your condo so they are prepared to defend against this claim.
You may want to consult with a real estate attorney yourself to discuss the quit claim deed and confirm that your ownership of the condo is secure. Bring any documentation you have regarding the condo purchase and the quit claim deed.
If your mother's husband pursues this claim in the divorce, you may need to get directly involved, either through your mother's divorce case or by filing a separate action to affirm your sole ownership of the condo and prevent any cloud on the title. But based on what you've described, he likely has no legal right to your property.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
