My oldest son and his wife along with myself bought a house together and it ended up not working out. They are getting a divorce. They do not want to sign the quitclaim deed. He has called the mortgage company and told them that he wants nothing to do with the house anymore, and he is not going to sign the form and that he wants the house to go into foreclosure. I am taking him and his wife to court over the house. They have not helped me with any of the bills or anything since they have moved out. What do you think will end up happening once the judge hears what my oldest son has said? My youngest son works at Ford and is going to help me keep my home.
Estate Planning Attorney
It is difficult to predict what a judge will do, because we do not know what your son and his wife will say in court. In a suit to partition your interests, if your son made no contributions at all, financially or with labor and materials, you should fare well. (There is an unusual sitution in Michigan, where you may not be able to partition, depending on how the deed reads.) You must have a lawyer who is giving you advice. It sounds like you are second-guessing him/her. Talk to the lawyer directly if you do not have confidence in her/him.
First, what your oldest son said is not admissible into evidence and will not matter, regardless of how spiteful he is. Judges make rulings in real estate cases based on the law and facts, not on personalities.
Secondly, the only way to stop a foreclosure is to continue making the payments and you will not be able to move through the court system fast enough to get a solution on the title to the real estate.
Third, the mortgage company will never agree to take anyone's name off the house, since that reduces who they can sue if it goes badly later.
Your remedy, which requires an attorney, is to file suit to claim the house on the basis of all the expenses you have paid for it. Once the divorce is final, but not before, your daughter in law has the legal ability to sign over her interest in the house to you. That will leave your son's interest and you will need to continue to pursue your suit to get a judgment and take over his interest.
Of course it is possible that as a result of the divorce settlement he will or must sign over the house to her. If she is agreeable, she will then have full power to sign it over to you.
This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.