I have been taking care of my elderly father since 2016.
My parents' divorce was finalized back in 1999. Because she had remarried and received cash assets from my father already, my mother was ordered to sign over the deed of their shared house to my father (which he and I have been living in all this time.) She never did. She instead took a job in another state far away, moving where it was too expensive for my father to track her down and serve her papers for violating the court's order. Now she plans to return to our state (PA) to retire. She thinks the court's order is too old at this point and that it will not be enforced (and that with her name on the deed as the spouse, she will be able to inherit the house when Dad dies.) My father is in bad health, and it seems likely that he may pre-decease her. I don't want to have to put him through a court case, even if we could afford a lawyer, but I also don't want our inheritance to be stolen by my mother (particularly because I hope to find a way to buy out my siblings after Dad passes and stay in the house I've lived in all this time.) What can I do? Can my father quit-claim (or will) the house to me if he includes the court paper to prove that the house is legally supposed to be his? How can we get her off the deed? It just doesn't seem fair that she might get our house just because she ran off and didn't sign it over when she was ordered to by the judge. Please help! I don't know much about property law at all, and I'm worried sick.
Thanks!
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You can also see what services might be available through the senior center, the local libraries, or the county.
End each discussion with the question “Is there anything else that you think I should know?”
Heres a link to a county services referral program.
https://www.montcopa.org/3632/For-Residents
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Or go to the Registrars office with the decree and order and see what they say. The decree may be enough.
Less helpful in having the law's sympathy is that your father has had more than twenty years to sort out what to do about title to the property and he didn't bother. You'll have to get legal advice about how you clarify title in the absence of your mother's compliance. I can only wish you luck with it.
I am sorry that your mom hasn’t followed through with court orders.
I would consult an attorney for your answer.
I live in a community property state. My younger brother is divorced. Their home was supposed to be sold and equally divided. His ex refused to move out of the home.
My brother went round for round with his ex. She felt as if she was above the law and didn’t sell the house. She got away with it. No one enforced what the court ruled.
Finally, it was settled when Hurricane Katrina completely destroyed the home.
Wishing you and your dad all the best in this situation.