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“I left my husband and took my kids to Springfield, Missouri from California. I bought a house and paid for it in full with the cash I took from my husband’s business account when I left. I put the deed to my new house in my step-father’s name to hide it from my husband in case of divorce. About ten months later, I bought another house and also put this house in my step-father’s name. The second house has a $170,000 note in my step-father’s name but I’m supposed to be making the payments on it. The first house, I’ve been trying to sell to pay down the note on the second house but so far, no one’s bought it. Now, I’ve had a falling out with my mom and step-dad and they are evicting me from the second house and also the first one. What can I do? Have I committed fraud?”
Question: You need to hire a really good attorney. Most contracts relating to real property need to be in writing to satisfy the Statute of Frauds. I’m guessing there is no writing showing your transfer of title to step-father, or for you to be lawfully on the premises, so you have problems there. Worse, you’ve breached your fiduciary duty with respect to community funds, or even worse stolen funds that belonged to the business entity. I see potential real property law, criminal law and family law problems in what you’ve done. Get help.
