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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 101533
Experience:  Attorney
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My husband moved out of our rent to own home over 30 days

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Hi, My husband moved out of our rent to own home over 30 days ago. The house is paid for but he didn't get the title changed because he didn't want to have to split anything with me. He is very good friends with the owner and has had her ask me to leave as there is no lease between she and I, only in his name and he has moved. What should I do?

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) What state is this in?

2) Have you left the property yet, or not?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 6 months ago.
Its in NC and I still reside in the property. My husband moved out over 30 days ago. He is asking her to evict me do he can move back in.
Thank you.
The owner cannot (or should not) evict you, because if the amount has been paid for, she has to give the deed per the land contract agreement that you had with her.
As such, an eviction should fail if she attempts it, if the Court sees that there is a land contract in place, and it is fulfilled.
At the same time, someone in your situation can sue the owner for breach of contract and quiet title to GET the title to the property, per the contract - if she does not provide it herself voluntarily.
Since you are still technically married, and assuming this was entered into during the marriage, he would own half of this property as community property once the deed is turned over. In a divorce, the Court will make one of you buy out the other, or, force a sale and then split the proceeds.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 6 months ago.
The contract was between my husband and her. My name is ***** ***** on the contract. Would she still have to provide the title?
Does the contract state that the deed would go to YOU BOTH, or, just him?
Was it entered into after you were already married, or before you married?
Did you help pay for the property?
Customer: replied 6 months ago.
We have been married since 12-23-01 and obtained the home 9-2009. The contract is between my husband and owner.

Thank you.

Do you know if the contract mandates that only HIS name be put on the deed, or, both of your names?

Customer: replied 6 months ago.
We made monthly payments of 500. The pay off for the home was 30,000. I did help make payments in which he deposited into a trust account.
Thank you.
Do you know if the contract mandates that only HIS name be put on the deed, or, both of your names?
Customer: replied 6 months ago.
I
Customer: replied 6 months ago.
My name is ***** ***** on the contract and the only copy that I was able to get isn't a clear copy. I bought a car last year and they needed homeownership proof and he sent that over. I called the finance company and she sent me what she had on file so that is all I have. We owned a home in FL and were going to divorce and sold the home and split the profits. We never got divorced and decided to stay together and move back to NC in 2007.
Customer: replied 6 months ago.
I get off of work at 5:00PM EST, Would I be able to call you then and talk?

Thank you for your call request. The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and the first available expert calls. They will also have your question and my replies to build upon, so nothing will be lost. You can request a call however - sure.

I am going to your last response to mean that your name is not listed to be added to the deed.

Even if so, since this was purchased after marriage, it is considered community property. While under contract law, you are now a "tenant" on his property, under family law, the property is community property and you should have an interest in half.

Someone in your situation may wish to file for divorce, in order to get family doctrine involved. While the divorce is pending, one can ask that he be restricted from evicting (or asking her to evict) you from the property since it is a community property. And then again, the Court will decide who the property goes to, or, order it sold and then split the proceeds.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Ely and other Landlord-Tenant Specialists are ready to help you
Customer: replied 5 months ago.
Hi Ely!I have been able to get my hands on the rent to own contract and attached it for you. She has issued a small claims court summons to me saying that I owe her $800.00. Can you please review the contract and let me know your thoughts. I also have where the taxes have been paid since we moved there. Still there is no issue of eviction?
Customer: replied 5 months ago.
It won't let me add files?
You should see a paperclip icon which would allow you to add files.
Customer: replied 5 months ago.
nope, it just says add files and won't let you
Customer: replied 5 months ago.
Is there another way I can send this to you?

Hmm. Please contact customer service (www.justanswer.com/help) and they can assist you to work out the problem or send it another way.

Customer: replied 5 months ago.
ok I think I sent it.
Customer: replied 5 months ago.
The homeowners insurance is still in place and taxes are current
Okay. This is a lease with option to purchase. Okay... this changes my answer.
Do you know if:
1) He finished all payments to be able to purchase, and
2) Does he wish to purchase the property?
Customer: replied 5 months ago.
He has finished the payments and does want to but property as I heard him talking to an attorney to get his fee to do the deed change
Customer: replied 5 months ago.
She is just trying to get me out of the home so that he can move back in saying that the deal was between them. She has no idea that I have this copy
Customer: replied 5 months ago.
that was several mths ago. Like I said he has a girlfriend and didnt' want to have to divide the property between him and I
Customer: replied 5 months ago.
IF you do the math you can see from the date that it is more than paid for
Okay.
IF HE BUYS the property (his choice), then, under family law, the property is community property and you should have an interest in half. So if so, someone in your situation may wish to file for divorce, in order to get family doctrine involved. While the divorce is pending, one can ask that he be restricted from evicting (or asking her to evict) you from the property since it is a community property. And then again, the Court will decide who the property goes to, or, order it sold and then split the proceeds.
HOWEVER IF HE DOES NOT BUY THE PROPERTY, then you remain a tenant at sufferance, and can be evicted by the landlord, I am afraid.
Customer: replied 5 months ago.
do you all do divorce?
Sorry, no. You have to get an attorney near you to help you with this.

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