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Ely
Ely, Lawyer
Category: US Law
Satisfied Customers: 101551
Experience:  Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My wife and I provide a down payment of $26,500 new home on

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My wife and I provide a down payment of $26,500 for a new home on a 15 years plan for our son and daughter in-law 26 years ago, and since they didn't qualified at that time we had to co-sign for them and our names are ***** ***** title, the house is all paid for, now my daughter in- law wants to divorce my son, she has been pressuring my son to ask us to remove our names from the title, where do we stand, and what can we do
Submitted: 1 year ago.
Category: US Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. You are on the title as owners, and neither he nor she can remove your names without your conscent. So even if he agrees, he cannot do anything about your names.

If/when they divorce, the Court may split their interest between them (i.e. decide who it goes to). If it goes to her, then he would have to quitclaim his interest to her (meaning would give her his ownership of the home). However, the family court has no jurisdiction over you and cannot order you to quitclaim your interest to her, too. So after the divorce - in a worst case scenario - it would be her and you on the title.

Then, she would have to go to civil court and seek what is known as a partition. This is when joint owners cannot agree as to what to do with the home. The Court will order a party or parties to buy out the other parties, or order the property sold and proceeds split, or whatever else the Judge believes is equitable. It is on a case by case basis.

Also note that it is very possible that the Court may give him the home in the divorce, and order her to give him her ownership via quitclaim.

So someone in your situation can say "you can get rid of my son's ownership via a divorce maybe, but not ours. Perhaps you want to negotiate with our family as to what to do with the home NOW, as opposed to going through two lawsuits (divorce and partition) in an attempt to get our names off, which may not even work."

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base because you had not rated positively. Let me know. Thanks!

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