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Q: How can I get my name on the deed and ensure rental transparency after a signed purchase agreement?
I have a signed purchase agreement indicating that I own a building, but my ex-husband did not include my name on the deed. I am unsure if the property has a mortgage, and he is not transparent about the rental income, giving me less than half. There are no legal proceedings currently in place, but I want to protect myself. How can I get my name on the deed, and what steps can I take to ensure transparency regarding the rental income?
A: Only your ex can put you on the deed by transferring it to you in a deed. What does the divorce decree say about this property. If he was supposed to transfer it, your matrimonial lawyer needs to enforce the decree in court. You must notify the parties to the contract that you are not the owner. It was a fraud to sign that you were the owner, which the contract likely represents.
Steven Warren Smollens agrees with this answer
A: Greetings: it appears you believe you own a rental building and would like to enforce your ownership rights. To enforce one's ownership rights, they would have to initiate litigation against the recorded owners. Through litigation, ownership would have to be proved (such as by an agreement; financial or non-financial contributions; and other indices -- regardless of whether one's name is on the deed). Once ownership is proved, a new deed will be recorded, and the person may pursue an accounting of past rents and past profits. An attorney should be immediately retained so as to not allow the expiration of any statutes of limitations or condition precedents.
A:
Since your name is not on the deed, the first step is to clarify ownership legally. You can request a title search at the county recorder’s office to confirm the property’s current ownership and whether a mortgage exists. If the deed only lists your ex-husband, you may need to file a quiet title action or another legal procedure to have your name added based on the signed purchase agreement.
For rental transparency, you can request accounting records or copies of lease agreements directly from your ex-husband. If he refuses, you can seek a court order requiring him to provide rental income and expense statements. Keeping detailed records of your communications and payments is crucial for establishing your share of the income.
It may also help to consult an attorney to draft a formal notice or initiate legal proceedings to secure both your ownership rights and your financial interest in the property. Acting promptly ensures that your rights are protected and that you can claim your fair portion of the rental income.
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