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Morning. My question is... My daughter got a settlement from…

Customer Question
My question is... My...

My question is... My daughter got a settlement from a car accident she was in and she bought a house "out of foreclosure" with her money and now she is going through a divorce and she was getting ready to put the house on the market and noticed her husbands name is ***** ***** deed.

Lawyer's Assistant: Where is the house located?

She lives in Phx, AZ

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

For now that is our main concern...

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 1 minute by:
11/7/2017
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 10 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 33,345
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 10 months ago

Good morning. So the home was purchased during the course of the marriage? She added him to title? Has the home been awarded to one party yet?

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Customer reply replied 10 months ago
she purchased the home while married and she made the full purchase herself with her settlement money. The notary had her husband sign some papers but my daughter wasn't aware that he was actually going to be listed on her deed." She didn't add him on the deed" Now her husband contests moving & selling the house and is actually living in the house and making it difficult to list and put the house on the market! No one has been awarded anything, as she is just now filling out her divorce papers.
Customer reply replied 10 months ago
ok, my daughter just pulled up her deed on line and it is listed as community property with the right of survivorship. Also we prefer to keep our questions/answers in writing.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 10 months ago

Thank you and please allow me a moment to respond.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 10 months ago

I am happy to respond online

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 10 months ago

The way that title is held at this time, would give him a shared legal right and interest in the home. I know this is not ideal but if title is held in the way you shared above, he would need to be removed from title and title would need to be placed solely in her name, if she wants to sell. Of course, this is something that would need to be court ordered. If she is going through a divorce, this is now going to be contested, if he is on title and claiming a share in the home and she is saying otherwise. She is going to have to convince the court, that she did not know what she was doing or signing and that she was giving her a shared interest in the home and had she been placed solely on title, this would NOT be considered a martial asset and he would have had no right to the home, upon divorce. If that can not be shown, the Judge would have to award her the home and order that he execute a quit claim deed, removing himself from title and placing ownership, solely in her name.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 10 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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