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RoseWater77 Asked January 2023

My mother was court ordered to get off the deed to my father's house (sign it over to him) when they divorced, but she didn't. Now what?

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!

AlvaDeer Jan 2023
An attorney is needed for this attorney-question. I hope one pops up here, but that hasn't happened in a while.

Frebrowser Jan 2023
Start by asking at the court. They may be able to refer you to legal assistance or describe the general process.

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
RoseWater77 Jan 2023
Thank-you. I will try this!

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JoAnn29 Jan 2023
I would say he needs to see a lawyer and take his divorce papers with him and the court order if not in the decree. I don't see why he could not have taken them to the registrar when she did not do it and have her name removed since he had the order. I would say if the papers say she was compensated and Judge ordered the house turned over to your Dad, thats proof she no longer owns the house. If Dad does not have Mom inheriting his half, the worst thing is she owns half. Then you buy her out of her half. But I think the Judges order would still stand but you need a lawyer to help.
Or go to the Registrars office with the decree and order and see what they say. The decree may be enough.

MeDolly Jan 2023
Hire an attorney to review the case and handle it from there, it will be money well spent.
RoseWater77 Jan 2023
That's the problem, as a caretaker I don't have any money to hire an attorney. Inflation has swallowed what little extra we had. I sometimes do odd jobs, but haven't found anything FT that's compatible with all his doctor's appointments, and the daily little emergencies he gets himself into because he's going blind. Where can I get free legal advice? I really need help on this! The other thing I don't think we can do with my mother on the deed is reverse-mortgage the house, which wouldn't be my first choice, but we may need to do in the future if my father's condition gets any worse. The house was supposed to be his asset. The reason he hasn't done anything all this time is because my mother is in a state on the opposite side of the country from here, and he hates and fears her. She has been gone this entire time. He has bad anxiety, so it's hard to even bring up this topic with him. But I have lived here almost my entire life (was just away briefly for college.) Don't I have any rights, even as a "squatter"? Or could I video tape him explaining why he didn't go after her, for use later in court? I need some good ideas! :(
Countrymouse Jan 2023
Well. In your favour is that if there is one thing courts in general really, really hate it is contempt of court - and your mother's claim to the house rests on her historic contempt of court. Interesting! Chutzpah is the only word for it.

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.
NeedHelpWithMom Jan 2023
That’s what would concern me too, CM. The amount of time that has gone by.
NeedHelpWithMom Jan 2023
When legal action isn’t enforced, it becomes very difficult.

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.
Countrymouse Jan 2023
Heavens, Need! God moves in mysterious ways, doesn't He just.

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