Can He Transfer Title - Posted by JeneanNC

Posted by Jim on February 13, 2000 at 09:29:22:

Your relative needs to check with a divorce attorney. (I am not one.) It is my understanding in Florida and probably a lot of other states, unless there is an agreement to the contrary, the parties get to keep what what they brought into the marriage.

I think trying to sneak around behind the wife,s back in a bad idea.

Good Luck


Can He Transfer Title - Posted by JeneanNC

Posted by JeneanNC on February 13, 2000 at 08:11:25:

I have a relative who wants to sale (transfer) the title of his home to me for $15,000. OK, he was married for 30 year to his wife who passed 5 years ago. He remarried about 6 months later (married to the second wife 4 1/2 years now).

The deed still has the first wifes’ name on it along with his. He wants a divorce from his wife and she has agreed to have him buy her out for $15,000 (half of the FMV) in exchange for the divorce. The SFM FMV is $30,000 to 40,000. He owes about $8,000 on the house from a line of credit he opened 4 years ago. The line max is $10,000. After the divorce, he wants to continue to live in the house and pay me rent.

The problem is he does not want her to know that the buyer of the house is one of his family members because he thinks she will not sign the divorce agreement. And he needs the $15,000 from me to get her to even sign the divorce agreement. (I’m only going to offer him $7,000 and hopes that she take it??)

He can not borrow/increase the line of credit for the money against the house because he is 85 years old, she is 55 years to his younger.

Can he transfer title (sale) to this house without her signature/approval since her name is not on the deed?

Is there anyway to purchase this house legally without her knowledge/approval?

His portion - Posted by Bud Branstetter

Posted by Bud Branstetter on February 13, 2000 at 19:30:22:

I don’t know probate laws in NC but they might be like Texas in that if one spouse dies without a will the state law divides the property. In Texas the deceased would have had a one half interest. The law says the surviving spouse gets 1/3 of that and the children get 2/3. See what I mean about no will. Now the new wife would have 1/2 of his original 1/2 plus 1/2 of the 1/3. Now go talk to the lawyer with all the facts about children, wills, etc.

Re: Can He Transfer Title - Posted by Sue(NC)

Posted by Sue(NC) on February 13, 2000 at 17:39:54:

Ditto the other responses concerning a divorce atty.

Your relative can divorce w/o her consent, but it might not be as easy/cheap in terms of paperwork & atty fees as an ‘uncontested’ divorce. Of course, an uncontested divorce can be expensive in other areas, particularly if one party is making large demands (‘Pay me for half of the house, or I won’t sign’).

NC has assumes all spouses have a ‘marital interest’ which they must sign off to transfer, so when you purchase (& buy title insurance) the closing atty. would want her to sign.

As others alluded, if I were in your relative’s shoes,I would argue:

  1. That I brought the home to the marriage
    and failing the success of that argument,
  2. That the actual ASSET value isn’t half the FMV, but half the FMV minus the debt (and minus the commissions/costs of sale if forced to sell)

Re: Can He Transfer Title - Posted by JPiper

Posted by JPiper on February 13, 2000 at 10:50:20:

I agree with the post below that the best advice is to have your friend seek out legal counsel.

In my state as an example, a property may not be sold without the current spouses signature on the deed?.whether their name is on the deed or not.

Your description of the situation though makes it almost sound that the issue here isn?t the property?that perhaps the current wife is simply being difficult. I?m certainly not aware of any state in which one party can refuse to grant a divorce to another party. The divorce process would determine who is entitled to what. There may be other assets than this house involved that play into how the house is handled. A divorce settlement might require a sale, or it may be offset by other assets. This is assuming that the current wife has any right at all to a part of the equity in the property.

Again, have this relative seek out legal advice from a competent divorce attorney.