Getting ex-wife out of house fast

General Real Estate Investing
1

Here is the situation and it’s my brothers ex-wife and house not mine. I am just helping him through everything.
Cliffnotes to start: Informally renting out house to ex-wife with no signed agreement she is on title. If a quit claim deed is signed and recorded then can we just kick her out of the house whenever?

LONG VERSION
So currently,

  • Ex-wife is on mortgage and title on house in Colorado Springs
  • Brother lives in Hawaii
  • Ex-wife lives in house and has been paying $725/month. Monthly mortgage payment is $1100
  • Brother is looking to list and sell the house and needs ex-wife to move out
  • Ex-wife is planning to move out August 26. Refusing to pay any August rent. Refusing to move out sooner
  • We are on a tight deadline and need them out by August 10th so that repairs and sale can begin

Those are the basic schematics. My brother gave her $400 to do some repairs on the house. She hasn’t really done anything and hasn’t give the $400 back. They pay rent late on a regular basis. Just a problem tenant overall. I told my brother it was a mistake to ever let her live their for such little rent. He has the problem of being a nice guy with her so she steps on him. But the niceties are all over now. They are close to engaging in an all out legal battle. The house is likely to get forclosed on if we can’t get her out until the 26th.

She wants to sign a quit claim deed to avoid her credit getting ruined if the house is foreclosed. If my brother signs it and she is off title then can we kick her out without a formal eviction. He says they have no signed rental agreement and it’s just been a 6 month thing with her living there informally with her new husband.

His terms offered last week to her were.
Be out by the 15th.
August rent prorated over 15 days = $363
Repair pool excess funds $400 - $108 = $292
Payment for washer and dryer = $300

Total = $955

Her counter terms were.
Nevertheless, you have not lived up to the terms of our divorce and my moving into this house – which was disgusting, inconveniently located for my husband, and in an increasingly unsafe neighborhood – was to assist YOU.

  • pay you $300 for the washer and dryer, and nothing more
    • move out by the 26th
    • clean the house (we would rent a carpet cleaner from the grocery store, so it wouldn’t be professional but it would be clean)
    • cut down/remove the weeds and dog poop/debris from the yards
    • have all of our belongings packed and located in either the garage, living room, kitchen or bedroom (since we still have to sleep and live there for 11 days) when your brother gets here
    • we will help your brother in any feasible way we can while he’s here and we’re still on the property (keep in mind that we’ll both be working and strapped for cash)

I don’t know what my brothers legal rights are. But if she doesn’t move out til the 26th I can’t get out there to prep/stage the house and get it sold or occupied. So the house will likely be foreclosed ruining my brothers credit.

2

The bank holding the mortage doesn’t give a crap if she’s off the title or not. Her credit will be ruined regardless if all of you decide not to pay the mortgage. Unfortunately you’re going to have to “help” her get out of there…whether that mean paying to have her leave or helping her load the moving truck yourself. With no lease agreement and an incredibly short timeline, good luck getting her out on time.
If all else fails, you may have to pay the payments whether she’s paying rent or not. That’s a decision you have to make. I let a house get to within about two weeks of foreclosure because I was sick and tired of supporting the stupid ex and her worthless bf living in my house. I’m calling her my ex here, but we were separated at the time. I was on the mortgage as was she. Even though I had a divorce decree stating I wasn’t responsible for the mortgage, the bank didn’t care.

3

But no legal way to straight up have her removed?

4

If you search thru all the eviction discussions here, I don’t think you’ll find anyone who got any type of legal action against a tenant within two weeks. Plus you don’t have a lease either. I firmly believe you’re going to have to help her move…and it’s just a matter of how much help she’s going to try and take you for financially and by physically helping her move.

5

It’s actually harder to evict someone without a lease, as with a lease. A lease has all the terms agreed upon in writing and can be presented before a judge. Without a lease, it’s her word against his, and no proof of any terms (i.e. amounts, time frame, conditions).

Better be kind to her and help her move asap.

6

If she is on the deed, there is no way to get her out unless it is a term of the divorce and then it’s up to the divorce judge.

7

But if she isn’t on the deed and no formal agreement. Then what is it gonna take to get her out?

8

Just to correct your terminology, she is NOT a renter, she is a home owner. Her name on the deed, so she can do whatever she likes with the house. Only way to get her out is for her to do so volantarily, or house gets foreclosed on by the bank.

The fact she is paying partial payment, or even no payment does not give your brother any rights.

I am not a lawyer, but at least in Texas, your brother can’t sell or give ownership of the house to anyone without her approval and her signing the new deed. In fact, in Texas even if she was not on title, if the marriage overlapped the ownership period, he would still need her to sign the deed due to community property laws.

9

Serve a notice to quit per your state’s law and proceed with eviction.