javajunkie1975
recently joined
Reged: 11/03/09
Posts: 2
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Where to I begin! My father inlaw and mother inlaw purchased a hope in July, before moving into the home, my mother inlaw kicked my FIL out! He left with the truck and a few articles of clothing! She filed a OP the next day, three weeks later filed for divorce! My FIL has been hopping around from friends, to family for the last 2 months. While, my MIL has moved a friend into the house my FIL never spent a night in and this past saturday, showed up and took off with the only transportation my FIL had! Sunday, we removed her from the Title, put it in my name and contacted police to excort us to the house and get it back. My FIL is in denial over the fact she filed and is not thinking very clearly. He has not been served with papers and refuses to accept them or stay in one place long enough to be served. I keep telling him to just accept them and go to court drag it out..etc. We are aware that the truck may have to be sold and equally divided at a later time. I am concerned about the unwanted house guest she has had move in and is paying rent to live there. Is it possible for us to have this person evicted from the home since, my FIL never gave permission for them to move into the home?
My FIL is 63, doesn't work, is handicap and has heart trouble, if you know of any assistance for him legally, please share!
Thank you,
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d2njti
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Reged: 03/05/08
Posts: 187
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"we removed her from the Title, put it in my name" - That's grand theft, and if MIL didn't sign, it’s probably embezzlement. It would also not be valid title transfer if MIL as joint tenant didn’t authorize. If you did receive valid title, you just got a gift which will have tax implications for you.
“Is it possible for us to have this person evicted from the home” – If the tenant does not have a lease, typical landlord laws provide for 30-day notice on a month-to-month rental.
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javajunkie1975
recently joined
Reged: 11/03/09
Posts: 2
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In regards to the title in Arizona its either AND or OR, in this case it was OR, it only required one person to sign to sell the vehicle or transfer the title! According to the divorce papers i read online, she was not suppose to take it back from him since he had it nor was she to remove the auto insurance. It having no insurance was her claim to taking it back, however she removed it, so she would be at fault since her name was on the title and SHE removed the insurance when she purchased a new vehicle in her own name after he was asked to leave the home by the police. My FIL is driving the truck now, however the title and registration are in my name since it was the legal way to get it back in a community property state. I don't have any plans on keeping it, its just a temporary transfer to get it from her and get the extra keys, so my father inlaw is not w/o transportation, after all she already has a new car she just got herself.
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