She signed a cash of sale agreement that waived her rights. It states the HE is acquiring the property as HIS SEPARATE PROPERTY with his separate funds, for use under his separate admin. and control - BUT the house payments were paid with community funds - with both of their paychecks. Does she have legal rights to it in the property settlement of a divorce?
202494
If the house was paid for with community funds, she has a case.  (A case, not a sure victory.) There are lots of possible reasons (for instance, it may be that in using community funds, it is a breach of the contract, so the house is community property -- or it may be that the agreement would be found unconscionable, esp. if she had no legal advice prior to agreeing), and lots of facts that cannot be determined from your question.  But she should consult a lawyer.
1886
NO...the US Supreme Court ruled several years ago that the prior assets and current income of a parent's spouse (In this case, you) cannot be presumed to be available for the purposes of child support or spousal support, even in states where all income is otherwise considered to be community property and all debts considered to be joint obligations...that means you are not legally on the hook for his kids and his ex wife can't try to get your house...in a nutshell.\nIf you two marry and he stops working or something, they can haul his tail to prison if they have cause to believe that he's willfully avoiding his obligation, but your paycheck cannot be considered in deciding or fulfilling his support order.\nYou will want to consult an attorney specialising in family law about specifics such as whether you should file your taxes jointly or seperately, how a jointly purchased home should be deeded and to draw up a prenuptual agreement about any inheritance you may recieve in the future and MAKE OUT A WILL....Both of you.\n(the Supreme Court ruling left some confusion about the distribution of assets aquired by one party but within the marriage)
395282
It depends on a number of factors.  If your husband purchased the property prior to your marriage and no "communal" funds have been used for it's upkeep or maintenance than you have no right to the property via your marriage.\n\nIs your husband mentally competent ?  The POA (depending on it's wording) can give the son a broad array of rights regarding the property up to and including the right to sell or encumber.  I ask about his competency because it is one of the ways to challenge the authority given by a POA.\n\nIf your husband intends for you to have any benefit from the property than he should spell those rights out in a Last Will & Testament and seperately in a marital agreement as to the division of assets.
497671
Yes, she is in breach of contract.  You need to speak to a lawyer about this.  You should also have her arrested for fraud.  Giving your address and phone number is illegal.  The collection companies could press charges against her.  Talk to your family attorney regarding this matter.  A judge can force her to abide by her divorce decree.
627993
California laws has a separate property law. Since you owned the property before you were married, he can not take it way from you. \n\nhttp://www.nvo.com/beaulier/statebystatedivorcelaws/
60168
The house was in both parents names when she died she had no claim over it so he had full ownership - had she made a will and stated that her half go to her children then he couldn't have sold it without their say so.\n\nhe would have had to give the children half if the will was changed and you wanted it to be sold.
408679
Depends on how willing to cooperate each party is. Sometimes the dad will say "Oh you keep the house b/c you have the kids more often"  she also gets the mortgage payment then too. If a mutual aggreement can not be made or a 50/50 split is not agreed upon then a mediator can be called in to decide for the couple who is better off with what and why. Then anything that can not be divided is sold and the profits spit 50/50.
546626
Was the house bought with money accumulated during the marriage, an inheritance or some outside source? Also, it depends on the state in which the divorce was filed in because each state has its own property division laws in a divorce situation. In the end, you should consult your attorney for further information. Just in case, I have provided information for both states on links.
50593
If htey gave you the house and you are paying the notes, do you have a ocntract with them?  Has it been transferred to your name?  These are things you need to check out.  Sounds like they still own the house, and if so I would take my 842.00 and go elsewhere to live or have to put up with controlling in-laws and a nosey sister-in-law.
4379
As usual with law-related questions on Yahoo! Answers, far too little information has been given to answer this question adequately.  Texas is a community property state, which means that unique laws apply to possession of property.  If the decedant received the real property and mineral rights as premarital property, a gift to one spouse, or through an inheritance, it is considered separate property.  If the property is community property, the decedant has the testamentary capacity to device his half of the community property.  In Texas, community property has a survivorship aspect, and the 1/2 goes to the widow or widower in absence of  a will.  From the limited and incomplete facts presented, the surviving spouse, assuming the decedent died without a will, should receive the entire sum of community property.\n\nWithout more specific information, this is the extent of the information I can offer.  I recommend you seek an inheritance attorney for the specifics of this information.
422108
Social Security is not means dependent & doesn't "take" anything.\n\nIf she signed an agreement to pay the nursing home, she is responsible or they'll kick him out.  \n\nIf she is NOT liable she or they will have to find him a facility that will take medicaid.  Medicaid WILL impose a lien on his house if it is in his name. \n\n"He gave her the house. . . " is too vague.  If he deeded it to her that long ago it is probably safe from a Medicaid lien.  If he did not give it to her by deed, then it will either preclude his medicaid eligibility or be subject to the Medicaid lien.   If they try to deed it now, it is too late; he'll lose his Medicaid eligibility.\n\nThis is a case where she must talk to a lawyer who deals with wills & estate or an specialiizes in "eldercare" before she does anything.
222802
He's upset for the very reason you mentioned in your statement: he wants to get on with his life and feels that he has been more than responsible for the house than she ever has, which is obvious since she doesn't take care of it. He is also angry that she is being as manipulative as she is being. For example, she doesn't want to pay for her share of the household repairs because she wants as much cash as she can get to buy the house she wants. Consequently, he resents her. He knows that to sell a house and show it properly it needs to be in pristine condition for potential buyers to view it. If a house looks bad, needs lots of repairs, he will not get the asking price he wants or even get a bid that is close to his asking price. He knows that if this is the case, he and his ex will split less money from the proceeds of the sale. He also knows that if none of the household repairs are completed by the time he goes to closing on the house, the new owners have a right to deduct money from the proceeds to pay for the repairs they will have to deal with.\n\nHe cares about what she does because it will affect him and his wallet: not only is he paying for his own mortgage, but he is paying for the old house's mortgage too, and at the rate he is going with her, and her lack of cooperation, will probably be forced into paying for the repairs to make the house presentable. This is totally unfair to him. I can't say I blame him for being as upset as he is. She really is manipulative and very much a control freak.
633676
If he filed bankrupts on the house it belongs to the bank, i do not see how she can owe that money because the bank does not take only a portion of the loan of the house for bankrupts they take possession immediately. all of it. something doesn't sound right. I would call a lawyer for advice. But i am not sure about the new laws for filing bankr. They are different now. I heard your dept is not dissolved.
566838
He doesn't.  The quitclaim deed simply states that the grantor releases any claim to the property.  He'd get that one of two ways in the circumstances you mentioned.  Either his ex-wife quitclaimed her right to the property as part of the divorce settlement or possibly the lien holder quitclaimed their right to the property when the lien was satisfied -- or possibly both.\n\nHe needs to look at the deed that was given when he and his ex-wife purchased the property.  Commonly that would have been a warranty deed and is still valid.  His ex-wife's quitclaim gives him full legal title to the property.\n\nhttp://en.wikipedia.org/wiki/Warranty_deed\n\nhttp://en.wikipedia.org/wiki/Quitclaim_deed\n\nIf the original seller gave them a quitclaim deed, there's probably no way now to force them to provide a warranty deed; it should have been structured that way when they originally closed on the property.
458736
The problem is that, unless she's disabled, her income is probably not going to be high enough to allow her to purchase a home.  If she and her son-to-be-exhusband owned a home, she might be able to use her share of the equity from that home to purchase a place to live, if there is enough equity, depending upon the terms of the divorce..  \n\nShe could look into low-income rentals, known as Section 8.  Unfortunately, she doesn't have young children living with her and she's not yet elderly, so she may not qualify for that either. \n\nHer best bet would be to contact the local welfare office and ask them for any assistance or leads that they can provide for low-income housing.\n\nGood luck!
592595
I am not an attorney, but can give you some things to think about. \nYour half of the value can go up or down, depending on market value.  How much total is he giving you as your part.  It should be 1/2 of the value (equity) left after the loan is paid,when you got your divorce. When you quitclaim, you are saying you no longer have an interest on the house.  Are you sure he would agree to put you back on the house.\n\nIf he refinances, he is using up your equity.  If the house gets sold, there will be a bigger loan to pay off.  There may or may not be any money left after the loan is paid off.\n\nHope I didn't confuse you. I really suggest you consult an attorney who will look out for your rights.
278141
If she's been living with this guy for more than 7 years than by state law, he is her husband although they are not legally married.  He would get everything unless a will is drafted.  But even wills can be contested, she needs a "living trust" which is undisputable.