Three years ago my now 81 year old father signed over a property, that he co-owned with my mother (they had been separated since 1987), to my sister. He was manipulated and essentially conned by them. He feels as if he was the victim of elder abuse and coerced into signing the house over to my sister. He wants it back. Problem is, he doesn't do anything about it. Therefore, I wanted to get the legal process started for him. Does he stand any chance of getting the property back? For what it's worth, my sister literally convinced him that she would eventually "kill" my mother unless she got the property from my dad. She was living with my other at the time. They are still living together, in fact--she never moved into the house my dad signed over to her. They just knew my dad would want peace between them, so out of desperation he signed the house over to her. It's a 3 bedroom house valued at roughly 1.5 million dollars. My father claims he has since settled with my mother and is now officially divorced, although he "isn't sure if it's been finalized"--his words, not mine. His memory is shaky these days.
This situation is a LOT different if the divorce has been finalized or not. Divorce is public record. You should be able to find some document that your father has relating to the divorce. Divorces, even the most simple or amicable, require numerous forms to be filed with court at different times and if he was divorced, he would know, and have a record of it. You can also do a records search at the courthouse where the divorce was filed. This can be done online with case number (would be on any filed document) or one party's name. If the divorce is not finished then the home is likely community property and him transferring his interest probably was not valid. But you need to get to the bottom of the divorce issue. You may also need an elder abuse attorney. That is not my area of practice.
The information provided is for general educational purposes only and is not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
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