Dear Ms. Lank: My husband and I have finally found our perfect house. We've even found a buyer for our condo. All is going well except let me give you the background first before I ask my question.

There is a husband and wife who live in the house. Her father owns the home and they have been giving the father the monthly payments. We have a contract signed by us and the father (the owner of house) and a closing date of January 30, 2009.

The real estate agent gave me a heads-up last week that the husband is now saying January 30 is not enough time to get out. She told him that he must or there could be a lawsuit. The agent thinks he's just talking and will comply. But what if he is not out of the house on closing day? -- Via e-mail

Answer: Problems about closing dates come up all the time, and in most cases they work out. But in any event:

It's time to get your own real estate lawyer. Put pressure on the owner of the house rather than on the kids. Let the father-in-law deal with it.

As for what to do if you can't get occupancy at closing, that's easy. Don't close. Yes, this could pose problems on your end. But if you actually bought the place, you'd need advice from your lawyer about legal means for getting them out. It'd be messy, and you'd still have nowhere to lay your heads in the meantime.

If all else failed you could "make time of the essence," which is a powerful legal tool and could backfire. Discuss that with your lawyer as well.

Adding His Wife

Edith: I purchased a home five years ago when I was single. I have been happily married for two years now and we are wondering if we should add my wife onto the deed. I am told you need to get an attorney and pay fees to the courthouse and the mortgage holder. We are both in fine health in our mid-30s, but we would like to make sure that if anything would happen to me that my wife would not have any issues getting the home. -- Via e-mail

Answer: The lawyer who draws up a new deed will not charge much for this simple service. Entering the deed in your county's public records involves relatively small fees. And I don't see why you'd owe anything to your mortgage company. Extending ownership to a spouse doesn't usually require any change in the mortgage documents. Continued...