Question Details: My mother and father divorced several years ago. One of the agreements of the divorce was my father keeps the house. He has since lived in the house and paid it off yet for some reason my mother still has the title in her name. I am not aware if there was ever any legal paperwork on the agreement. My mother has not lived in the house for years. And now years later every time my mother gets mad at my father she threatens to make him homeless. Is there anything that can be done?
If there was a divorce settlement, it is as enforceable as any other contract. If it required your mother to transfer title to his name, for example, he can bring a legal action against her (e.g. for "breach of contract," or violating the terms of the settlement) to get a court order forcing her to transfer title. Your father should consult with a family law attorney to better understand his rights to enforce the settlement (which includes understanding exactly what the settlement obligates her to do, since like any contract, it is enforceable as per its plain terms) and the cost of taking legal action.
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