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Posted: Sun Aug 24, 2008 9:07 pm Post subject: Retain name on deed

My daughter wishes to deed her property to me due to financial problems. She does want to keep only a portion of interest in the property. How can she do this and what rights do I then have if I own the majority of the property?

Niicss · Posted: Mon Aug 25, 2008 4:41 am Post subject:

Welcome Guest.

If your daughter is the only owner of the property then she can quitclaim to add you on the property. Is there any mortgage lien on the property? If so then your daughter should take permission from the mortgage company before adding you on the deed. Otherwise the mortgage company can demand the outstanding balance payable at once under the Due-on-sale Clause.

Guest

my father passed away and instruct his will that he gave me property. mom took over, give me a gift of deed in 2007, i received certificate of title from land management, then decided to quickclaim against it. what do i do?

jameshogg · Posted: Wed Sep 03, 2008 11:12 pm Post subject:

Why do you want to quitclaim against it? I mean you have already received property by the Will. You've mentioned the gift of deed. Can you tell me more about this? If the Will says you're the beneficiary, how could your mom take over?

Guest

my mother (82 year old) and brother owned the house. My brother got in trouble with credit cards and my mother was scared that my brother will go to jail. My brother is new to this country, therefore he really has no clue how it works. They both approached my sister for help, instead my sister recommend to quit claim the property to her instead of offering other alternatives. My sister my promised that she will pay them $35K and pay the mortgage for 5 years. This was 2 years ago and the house is not livable anymore and my mother and brother asked my sister to pay them the money so that they can buy a house. My sister told them that she does not have money right now and she will pay them in 3 years. As far as I know my sister has not taken the deed for recording. Is there a chance of reversing the deed for the reason that my mom an elderly lady and my brother who was clueless and were under external pressure at the time the deed was sign?

adonis · Posted: Sun Nov 30, 2008 11:59 pm Post subject:

Welcome rosa,

If the deed was not never recorded, then it is not valid. Yes, your mother can easily reverse it but I don't think you will be required to reverse it as it was never recorded. I would suggest you to consult an attorney.

Guest

mother,dad,son bought house, all names on deed/title original loan, all payments made by son with verbal agreemnt to a share of profit if sold.
dad died,son scared mom into quitclaim deed, son marries.
son faces divorce, adds sister to help keep house, son's wife agrees to quit claim in return for cash (verbal agreement), marriage goes on.
son sues mom, sis for full ownership w/intent to sell (quiote title).
court rules to keep sis, add mom, and awards 42/58 split to son if sold.
son secretly adds wife back on to deed.
2yrs later house is finally in escrow, and wife files for divorce (cha-ching).

Guest

wife now will not sign escrow papers and pressuring MIL (mom) to give up more cash in the deal before she signs
questions:
1. could son add wife back on despite the "quiet the title" ruling?
2. if so, could son add wife *without* the others approval (sis/mom)
3. did the split mean the son has a controlling portion of deed?
4. can son remove any of the others from deed unilaterally?

Niicss · Posted: Thu Dec 04, 2008 2:36 am Post subject:

Hi prospects

You have mentioned in your first post that son had secretly added wife back on deed:

Guest

I signed a quit claim deed because I wasn't a valid co signor on the loan at the tme. My husband was working and i wasn't when we bought the house. i also had a large credit issue to fix and didn't have the funda at that time. If my husband wills the property to me; do i still have rights to the property if he passes ?

jerry · Posted: Thu Dec 11, 2008 3:36 am Post subject:

Hi jenn,

Yes, if you husband's will states that you will be inheriting the property after his death, then you still have the rights to the property. The only difference is that now he is the sole owner of the property. It is after his death that you will be the owner of the property.

Thanks,

Jerry

Guest

My father quit-claimed half is home to me several years ago, and now says he's going to a lawyer to get me off the deed. I live with him and have been is caregiver for years. There is a right of survivorship clause and a joint tentant clause. Is it possible for him to take me of the deed, just because he's angry with me at this point?

smithsussane · Posted: Sun Jan 18, 2009 9:38 pm Post subject:

Hi Cassie!

Welcome to forums!

A joint tenancy with right to survivorship can be revoked by any of the joint tenants. There are chances that he will be able to remove your name from the property deed. But to be on the safer side, you can contact an attorney who will advice you as to what you need to do in this situation.

Feel free to ask if you have further queries.

Sussane

Guest

My brother has POA on my sisters property. She was accepted in a skilled nursing home now for two weeks. Who can he name on a quitclaim deed in the state of florida to prevent the nursing home from taking the property from her. Her husband died six years ago and they have no children. Thank you rog

Guest

sorry, she has no morgtage and all taxes and bills are paid to date.
Thanks again Rog T

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