Motivated, but-Drunk & Mother-in-Law Problem - Posted by Mike (IN)

Posted by Mike (IN) on July 25, 2001 at 15:16:21:

I checked and Indiana is NOT a community property state.

Motivated, but-Drunk & Mother-in-Law Problem - Posted by Mike (IN)

Posted by Mike (IN) on July 25, 2001 at 08:40:41:

I have a highly motivated seller but need some input on how to handle this one…

Woman is going through a divorce, is just getting ready to file. They are separated…she moved to an apartment & he’s in the house. He’s an abusive “drunk” and will not leave the home so she left. They have been married for about 1 year. She has owned this home for about 7 years and the property is in her name only. Her husband’s mother was originally interested in buying her out of this home for her son, but she is not sure she wants it now. The problem is, the mother-in-law gave $15,000 cash (partial equity) to help her get an apartment and pay some bills (she’s spent it all already). Mother-in-Law also put a shed/barn on the property for the couple last year worth about $12,000. This was all done without any written contract!!! The owner has a 1st mortgage for $46,000 at 9.5% with a payment of PITI-$477 per month. The home is worth about $85,000 and would rents are around $750-800. The owner (wife only) is willing to let me take over “subject to” but I don’t know how to handle the $15k & shed interest of her mother-in-law. Also, how do I handle the husband. He’s an abusive drunk who doesn’t want the divorce and WILL NOT MOVE OUT OF THE HOUSE! Do I just have her deed the home to me and then evict him??

Please share some ideas with me.


Re: Motivated, but- - Posted by SandyFL

Posted by SandyFL on July 25, 2001 at 12:41:28:

I agree with what Terry said, if there’s the issue of community property to deal with in your state (like it is in Florida) that is the first thing to look at. Don’t go getting a deed and then finding you have no legal right to evict him - that wouldn’t be too good…

But if it’s not an issue, then I guess my approach would be, buy the property from the wife, use a pitbull attorney to evict the husband, but after I’ve had a personal conversation with the mother-in-law. Be ready to hear her tales of woe about what a disappointment her son is to her, but realize that the debts that were incurred will most likely remain an issue between the woman and her son. Hopefully it doesn’t remain an issue for you. If she doesn’t get to the point, ask her: “What do YOU want to do about the shed? Do YOU want to move it to your lot?” or something of that nature that indicates it’s her call. If she says she doesn’t care about the shed - then she’s probably already considered that lost money.

Yes, consulting a real estate attorney would be a wise thing to do. Good luck and let us know what happens-


Re: Motivated, but-Drunk & - Posted by Terry (Houston)

Posted by Terry (Houston) on July 25, 2001 at 09:26:23:

Are there any Community property laws? That could hinder you getting a clear deed without his help.

Other than that yes I would get the deed, that way the M.I.L. can not put some kind of lien for the $15k or the barn. See if the seller is willing to help out any for those costs.

Then learn the laws of eviction and seek the advice of a good lawyer.



Motivated, but-Drunk & Mother-in-Law Problem - Posted by Tom – IN

Posted by Tom – IN on July 25, 2001 at 08:51:00:

I’m certainly not an expert, but your plan sounds exactly like what I’d do.
But, to prevent the husband and Mil from stomping around in any mine fields, I think i might start with a lease while I tried to evict them.