Divorcing wife won't sell; house in husband's name - Posted by js-Indianapolis

Real Estate Investing
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Posted by js-Indianapolis on July 01, 2003 at 01:28:27:

Hey fellas. Just got back to this, after forgetting about it. Looks like I’ve started quite the discussion.

First off, Indiana is not much for grey area at all. JT is correct, there will be no “My arse got fat because Burger King told me they’d do it my way.” lawsuit coming to Indiana any time soon. Conversely, judges will and do hear 72 hour emergency eviction cases on a regular basis. Yes, if you can prove that your tenant is a threat to your property, you can get him gone in 72 hours. Indiana likes landlords. I?ve got a feeling some judges own some properties.

JT-
Basketball was invented in Massachusetts. Indiana just had nothing else to do but throw a ball in a basket, and wait for the corn to grow, thus the popularity here. Also, plenty of giant farm boys to play. Wonder how long it took them to figure out that cutting a hole in the bottom of a basket will make the game move along at a better pace?

And finally, this property. This property is just another random skinny LO I have come across. Like everyone else in this county, the owner moved in in 2000, and is now transferred to Chicago. READ: No equity. I just happen to have a LO buyer that is up my backside, begging to give me $5K down on a place. This seller is willing to take one month, or $1087. If my 2nd grade math is correct, I pocket $3913 on an assignment. Not a bad payday, in my book.

Now, I get all sorts of what ifs about this deal. Currently I’m thinking, stay away from it, it’s liable to bite you in the arse. Then I think with an assignment, and a release form, I’m done. They can complain all they want, down the road to whomever, but not me. In court, I show an assignment, and a release, and walk out. Indiana, thank God, is what they refer to as a “four corners state”. If it ain’t within the four corners of that paper, it didn’t happen.

They also say “ain’t” alot 'round these parts.

Whatcha think?

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Divorcing wife won’t sell; house in husband’s name - Posted by js-Indianapolis

Posted by js-Indianapolis on June 27, 2003 at 16:12:03:

Talked with the husband, “Sure, I can do CFD, nothing down, just cover my payments.” This is perfect as I have a LO buyer, with cash in hand, begging me to find him something fast.

Then I talked to the wife. “I don’t know why he told you that, we’re in a divorce, and I’m not doing anything til it’s final. I might buy the house.”

Uhhh…those stories sound a little different. The house is only in his name. I’m not sure if he bought before or after they got married. I could find out on Monday. Can she do this? I get the feeling she can. :frowning:

Right now though, does it matter? Can this guy sell, and tell wifee to hit the bricks?

What might I do if she can hold it up? He’s been transfered out of town, and claims he and the wife are relocating. Maybe he hasn’t figured out that divorce means she’s not coming with. She does speak bad english, so maybe he hasn’t understood yet.

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Ex-partay order… sorry about spelling - Posted by BrokerScott (Mich)

Posted by BrokerScott (Mich) on June 28, 2003 at 17:48:43:

Write offer, have him sign it, have wife reject it. Have him go to judge and ask for the ex-partay order. (Latin- means “without partner”) House gets sold. Might have to make payments to an escrow account at east fora while. Might also want to check with YOUR lawyer. Best, Scott

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Watch your ass! - Posted by James Mc (IL)

Posted by James Mc (IL) on June 27, 2003 at 22:29:27:

In ILL, if one or the other has title, it doesn’t matter. At least until it’s over, divorce wise.

A judge can undo anything that you put together.

Also a judge can let the husband sell to you as his part of settlement, if it is found that they both have interest in it.

Just watch yourself. Don’t think that I would go near it untill they at least have a partial settlement worked out.

Maybe play the waiting game until they are at the point of making things between them legal, then get it at pre-forclosure.

When in doubt, check it out. Call your lawyer.

In ILL it can get sticky

James Mc (IL)

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Buy the house from him… - Posted by JT-IN

Posted by JT-IN on June 27, 2003 at 18:37:12:

Josh:

If the property is in his name, she has no claim to the title… of course verify this with a RE Atty before acting. Do not let THEIR emotions get in the way of YOUR deal… After doing so, then get the deed to the property… and let the Wife sort that out later, in the form of a balance of other equity, if some exists.

Even in cases of partial interest, (of which this is not one of those cases), you could still transact a partial interest, regardless of divorce or other proceedings… Get the go ahead from a RE Atty and get it done… Call me if you need help on it…

JT-IN

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Divorcing wife won’t sell; house in husband’s name - Posted by Tom-FL

Posted by Tom-FL on June 27, 2003 at 17:53:01:

Well, can’t speak for Indy, but around here, she’d have a claim, regardless of whether he bought the house before of after the marriage. It only applies to domicile property though, not investment property.

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Re: Watch your ass! - Posted by js-Indianapolis

Posted by js-Indianapolis on June 27, 2003 at 23:21:48:

Thanks for the advice, but two things. Doesn’t seem that Indiana has any of those laws, and this property isn’t going into foreclosure. Where’d you come up with foreclosure?

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Ooops, just read farther down N/T - Posted by Tim_Cleveland

Posted by Tim_Cleveland on June 27, 2003 at 19:59:13:

nt

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No Dower rights in IN? - Posted by Tim_Cleveland

Posted by Tim_Cleveland on June 27, 2003 at 19:57:58:

JT:

Are there no dower rights in Indiana as in Ohio? My understandng is that in Ohio if two people are married, bth must sign the deed regardless of whose name the house is in. Am I mistaken here or are things different in Indiana?

Thanks and Best Regards.

Tim

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Re: Divorcing wife won’t sell; - Posted by Kathi

Posted by Kathi on June 27, 2003 at 18:07:41:

In most states the wife (or other spouse) would have a dower interrest in all real estate unless she (o0r he) had signed a pre-nuptual agreement that stated otherwise. That means that you would have to obtain her signiture to buy the house,

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Re: Watch your ass! - Posted by James Mc (IL)

Posted by James Mc (IL) on June 28, 2003 at 01:48:26:

When a couple is fighting, fighting and getting divorced, money can be on the list of issues.

Money could be tight, could be. Even if it isn’t, a fighting couple can fight over the most stupid things and actually have a bleeding contest to see which one can bleed the most.

Are bills going to be kept up? I’m not paying it, you pay it and so on.

I don’t know what the situation really is. But I’ve have seen some good fights. So maybe they will let the bills go and go on a spending trip. I’ve seen it get so bad with one couple that they both went bankrupt, when they were in pretty good shape before the divorce.

Know one couple where he cheated, got caught, started to file for divorce and went on a drinking and drug binge. He owed at the final settlement but couldn’t keep up his bills AND settlement bills.In the end he went bankrupt. And she is barely holding on. Things Happens.

With a little luck and skill on your part, try to catch them ready to liquidate the house, whatever and whoever owns it, to settle “the house” issue.

Just some thoughts.

When in doubt, check it out. Call your lawyer.

James Mc (IL)

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Indiana… where men are men… - Posted by JT-IN

Posted by JT-IN on June 28, 2003 at 22:00:42:

and Sheep are nervous… (old joke, sorry).

Yes, Tim… things are different in Indiana… really for the better imho concerning law in general. IN is a very fair, cut and dried state when it comes to consumer law. The legislature gives the consumer enough rope to make a good deal, but will also allow them to hang themselves w/o some liberal view that the average citizen needs twelve governmental depts overseeing your every move…

Anyway, back to the point… A married person is allowed to own real property w/o the prmission of or waiving of any spousal rights… that if you wanted them to have in the first place, their name would have appeared on the Deed… No Dower Rights…

JT-IN

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No Dower Rights in Indiana… - Posted by JT-IN

Posted by JT-IN on June 27, 2003 at 18:32:56:

It is one of the states that recognizes that if you wanted a spouse to have a claim, you would deeded it to them… Why should any State mandate such a claim, anyway…?

JT-IN

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Re: Divorcing wife won’t sell; - Posted by Nate(DC)

Posted by Nate(DC) on June 27, 2003 at 18:16:06:

Actually I do not think “most states” have automatic dower rights. MD does not and DC recently abolished it. In any case, it will depend on what the law is in THIS state, not what “most states” do.

NT

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War of the Roses? - Posted by Phillip

Posted by Phillip on June 28, 2003 at 06:16:38:

Sounds like a movie I once watched. Rent, watch, and reread the post above…YIKES. James I hate to ask but did they die in the end?

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Re: No Dower Rights in Indiana… - Posted by Tom-FL

Posted by Tom-FL on June 27, 2003 at 19:04:48:

>> Why should any State mandate such a claim, anyway…?

Well, most likely so that if John Doe runs off with his secretary without divorcing his wife, and buys a house, the wife would have a claim to it. It is precisely BECAUSE people buy houses without wanting spouses to have a claim that these laws are on the books.

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I am dealing with the same thing myself! - Posted by TCR_Va

Posted by TCR_Va on June 28, 2003 at 24:58:49:

Problem -

Husband lives in house / wife does not.

Both are on title (still).

They are not divorced (yet).

March 03: Both signed and had notarized her desire to be taken off title, stating he keeps the house and pays for it.

June 03: The house is now in pre-forclosure.

Husband wants to sell / wife does not.

Wife wants to see husband (as she put it) “Out on his a$$”

My attorney is hashing it over now to see if it’s doable.

I suggest you get one and do the same.

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I think that they both wish they were dead. - Posted by James Mc (IL)

Posted by James Mc (IL) on June 28, 2003 at 07:48:27:

She has the house, a doublewide modular, less than 2 years old, in an expensive park (nice thou), NEGATIVE Equity, a state job and a p/f time waitress job, an old dog with some big vet bills AND is paying child support on two kids to her first husband.

He is drunk, has a drug problem - but only on payday until the money runs out, a truck payment with no license (DUI)- 3rd one, which means he has to pay that very special insurance, an upcuming court date to determen how much of the 6 month sentance that he got that he really needs to serve, then theirs the state job that he has and just how understanding are they going to be when he gets out, and, of course, the new controling, demanding girlfriend who suports him.

The GOOD news for him is that child suport dropped off of one kid, now all he has to pay is for the three remaining kids from three mothers - not the one he just divorced.

The GOOD thing for both of them is that they don’t have kids together. She won the dog in the fight.

I guess that she got the best of it because her paragraph is shorter and with less words and honestly, I can’t remember if it’s three mothers or two, I didn’t take any notes.

Death and Taxes are about the only thing that you can count on…

James Mc (IL)

P.S. Just remember about the 4500 loan payment that he won that’s in both their names, and it only took three months and numerous phone calls through lawyers and Consaco to renegociate their 19% MH loan down to 10%.

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Still no cause for Dower rights - Posted by JT-IN

Posted by JT-IN on June 28, 2003 at 23:09:54:

Tom:

If this running off with ones secy is the problem, why not just criminalize that activity, instead of placing a law on the books to enforce property rights that may not have been the will of the intended conveyor… to begin with.

Of course I am being a bit facetious here, but I for one think that a marriage partner should not rely on the State to protect his or her rights… If they are not sharp enough to do so on their own, then so be it… What we have today is too many arms of gov’t in our lives… mandating too many issues in our lives. We as people would be much better off if we learned to stand upon our own two feet (independent) w/o the gov’t intervening on our behalf… which usually doesn’t turn out to be on our behalf… when it is all said and done. We got old uncle Sam or Local Sam, in the State gov’t side of things, attempting to monitor and manage way too much of our lives… and in areas that they do not belog… IMHO

OK, I’m off the proverbial soapbox now…

JT-IN

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Re: No Dower Rights in Indiana… - Posted by js-Indianapolis

Posted by js-Indianapolis on June 27, 2003 at 19:20:01:

I’m not up on divorce law in Indiana, but I would bet that the wife doesn’t have a claim, if that happens in other states. Just judging by the way Indiana does most things. One of the oddest things I know about Indiana and divorces is that cheating in a marriage is not admissible in divorce court. The court cares not of your infidelity. Not a lot of gray area in any Indiana statute.

Think 1950, and you’ll understand our laws. Perhaps we’ll get daylights savings time in 2050.

I?m going try to figure out how to go about this. Need to see a house, with a husband in Chicago, and a wife not opening the door. Hmmmm?

Ideas?