How to take ex off the deeds, house has no negative equity

I

ivyrose

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Hi,my problem is that my husband has an ex, not wife, two children, they have two houses both in joint names, for tax purposes I assume, no mortgage on either as he paid them off. They split up 5 years ago and he moved out to live in a mobile home on his other property as house not liveable, he had a lot of money in the bank as he worked 2 jobs for a long time and had property ,( buying and selling)...most of the money in banks were drawn from joint account and he had a breakdown and only received €15 k back, another holiday house by a beach that he bought in her name was sold and cheque for €90 k was cashed in her name, ex has never lived in the house or grounds where we are living in the mobile now, which has seen better days, or has not worked or put any money into either of properties, my husband and I want to try fix up this house to live in but he is on an invalidity pension ( accident at work) and I cannot work as I need be with him a lot of the time. My husband does not want to sell the house ex and kids live in as it is worth 4 times more than where we are living now, and house will be for 2 kids, but my problem is that I do not want to put my time, money or effort into a house with another woman's name on the deeds, obviously. what can we do as ex has already approached him to say she will sign over our house if he signs over other to her but it will cost us €4000, which we don't have, he reckons all or most of the money she acquired from joint bank account will be in investments and I'm sure she is claiming Lone Parents from social welfare. what can he do to take his ex off the deeds of the property we live in at the moment ? The stress of this is really putting pressure on us as I'm getting anxiety attacks living in an unfit small mobile home and we want to just get working on the house , we will have to do most of the work on the house ourselves as he has some land and we are going to let it out to the forestry to try get a loan to get us out of this mess, but deed needs to be in our name. I would greatly appreciate any advice you can give.
 
Any property in joint names requires the constent of both owners for any change in title. This lady is a joint owner of the property and cannot be forced to relinquish her ownership. Your husband could take legal proceedings against her if he feels that he has made significant contributions to the purchase/upkeep or maintainence of the property for which he has not been adequately re-imbursed. However, any action will involve legal proceedings and may or may not end up with a positive outcome. Your husband will need to take legal advice before he decides whether or not to commence proceedings. This is your first port of call.
 
there was never an issue with forcing my husbands ex to relinquish her ownership, Id rather they just sign over one house each regardless of which one was worth the most, Im a mother myself and she deserves to have a house to live with her children and anyway it will be theirs later on in life, all I want is to get the house liveable for us and not have to move into a home that we have to rebuild together. that another woman part owns, money is our problem and since she took all his, I think he should ask her to buy him out or both sign a quitclaim form so we can move on. I guess it's going to cost money whichever way we go.

Thanks for you input 44brendan
 
Your post is quite confusing. Maybe you could rewrite some of it?
Do I understand correctly - the ex is willing to sign over her half of property A in exchange for your husband signing over his half of property B but your husband doesn't want to sign over his half of property B?
Is that the problem or is the problem that 4000 is needed (for solicitor fees and tax I assume?) to pay for the transfer and ye don't have it?
Does your husband want to find a way to take her name off property A without taking his name off property B? The only way to do this without the ex's consent is to take her to court which could cost 10-15k (I was quoted that from a solicitor when I was thinking of taking a similar case against my ex)
 
"quitclaim form" - this is not an Irish term. Is OP perhaps in the US? Although there is also reference to "Lone Parents from social welfare" and "€4000" so maybe it is an Irish based poster.

The first post is very "packed" but almost impossible to understand. I suggest ( like Lucuma) that the OP would re-write it setting out dates and figures.

"most of the money in banks were drawn from joint account and he had a breakdown and only received €15 k back, another holiday house by a beach that he bought in her name was sold and cheque for €90 k was cashed in her name"

And he did nothing about it? Why are these people not issuing proceedings under the Civil Partnership and Cohabitants Act to recover money?

mf
 
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