Home Buying in Forum>Question Details

Cecil Wiseman, Home Buyer in Huntington, WV

How can I buy or take ownership of my mothers home if her ex-husband is still on the deed?

Asked by Cecil Wiseman, Huntington, WV Sun Jun 1, 2014

My mother and her ex bought a house in 1962. After a few years they divorced and he left. She remained in the house, was remarried, had children and lived there for almost 20 years. She and the new husband, my father, moved into another home but did not sell the home in question. It has been empty for several years and I would like to assume ownership and remodel my childhood home. The only problem is, both my mother and her ex husband are still on the deed. No one has seen, heard from, or contacted this man in over 40 years. How do I remove someone from a deed that is impossible to find? Please help.

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Answers

6
WOW? So you're in your 50's I guess. As you know, this is a very complex situation? What about the children that your Mother had with the ex who's name is on the deed? You do need legal guidance because I would say that your step bothers or sisters are entitled to some sort of compensation, unless you're not considering their interests and I can honestly say that I think that would be a huge mistake, if they were to find out what you were doing if they don't already know. After all, it was there Father along with your Mother that purchased the property that they were born in. Best of luck.
0 votes Thank Flag Link Sun Nov 2, 2014
The process would be quite title, it is a legal process. hire an attorney do some research as to a good real estate attorney who does a ton of quite title deals, because they will know the pitfalls of the process. In FL it takes anywhere form 4-9 months. I hope this helps, and that you enjoy remodeling your childhood home. Sounds wonderful.
Web Reference: http://blog.houseguy.org/
0 votes Thank Flag Link Tue Oct 28, 2014
To answer your first question, you will have to have him sign off of the deed either in advance or at closing during a sale. Tracking him down could be the hardest part it seems. A title company is your best bet in doing this. I would call Carl Russell at Breeze Title in Cape Coral. Real smart guy...

941-661-8829

If you need any other help, visit:

http://www.capecoralfortmyershomesonline.com
0 votes Thank Flag Link Fri Jun 13, 2014
This is a great question for a real estate attorney.

Here is a great one:
Eric M. Borgia, Esq.
Borgia Law
Florida Bar Board Certified Real Estate Attorney
11930 Fairway Lakes Drive, Suite 2
Fort Myers, FL 33913
Phone: 239-768-0144
Cell: 239-398-7216
Fax: 239-768-2833
http://www.ericborgialaw.com/

David Lang
Keller Williams Realty
239-677-8780
http://www.SWFloridaHomeSearch.com
0 votes Thank Flag Link Thu Jun 12, 2014
Sounds Like A Great Place To Start, But Someone Closer To You in WV If Tha'ts Where You Live.
Flag Sun Nov 2, 2014
Although a title company can assist in telling you what will need to be done, you will need to find out where her ex is. He may be deceased. There most likely could be a quiet title suit or even a probate involved , especially if he is deceased.
First, try to find him.
Best of luck in your endeavors!
0 votes Thank Flag Link Mon Jun 2, 2014
Cecil,
You are going to need to get a Title Company involved to clear the title. They will explain the process and help you take the necessary steps. Your mom, if she's still with us can sign some documents to explain the past history of the ownership. It may take a little time, but the sooner you start the better off you'll be.
If there is no mortgage on the house, you don't need to add one, and you'll need to go through the Title Clearing process if you do. So start there.
0 votes Thank Flag Link Sun Jun 1, 2014
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