JV, after the deed is made out you will get ownership rights over the share of property your mom & sisters owned out of the joint property both families own now.
Posted: Wed Mar 21, 2007 9:32 pm Post subject: RE:Quit claim home before getting medicare
Hi Jv,
Welcome to the forums.
Since the title to the property still have your father and your uncle's name on the deed, therefore your mom and sisters cannot quit claim. First of all they will have to get their names on the title. And, since there is no Will, this can only be done through Intestate Succession - a process by which property is distributed when the last owner hasn't left any Will.
You need to consult an attorney so that the property is named after your mom and sisters and also you. And, then they can quit claim their part over to you. This will help your mom prevent her home being taken away on account of medicare.
Posted: Mon Apr 16, 2007 3:59 pm Post subject: Title defect
I am interested in buying a piece of property and it has come to my attention that in 1982 a husband and wife owned the property and had a private loan against it. The property was later sold and the husband signed off that the debt had been satisfied and the title is clear, however the wife was never located and all attempts have been exhausted, therefore she never signed off of the title. Now the property has changed hands several times since and her name remains on the title. I have been told that owner's title insurance could cover me on this and that I could have her name removed in court possibly. Adverse possession was also mentioned. What can I do?
Posted: Tue Apr 17, 2007 7:08 pm Post subject: re QUIT DEED
I purchased some property in December of 2005 (with my own funds). I have been married since Feb 05. Should I have my husband sign a Quit deed in case of an untimely death. I don't feel it's fair to share this property with his 20 year old son who contributed nothing! My husband did sign an ACT of DONATION OF his rights to this property is this equally as good or should I have a QUIT DEED ADDED? Thanks for any advice you can give me..
Is property in your name only or both of you hold title as co owners?
If it is in your sole name then do not have to do anything but if both are co owners then using a quit claim deed his share can be transferred over to you.
8 years ago my soon to be ex husband slipped a quit deed note in with insurance papers for me to sign. Later he said I signed the house over to him. We were married 14 years, some friends tell me its not legal?
I don't think there is something illegal here. I guess he did not force you to sign the house over to him. But I hope you are aware that you can no longer have any ownership rights on the property and your ex-husband has the full rights not to allow you to stay on the house. _________________ Procrastination is the enemy of your financial sucess
Posted: Tue Apr 17, 2007 9:45 pm Post subject: RE: Quitclaim legal or illegal?
Hi Deborah,
The quitclaim deed may not be illegal if you have signed it on your consent. But did your ex get it recorded at the County recorder? If he hasn't recorded it yet, it may not be a valid one. You need to find out from the recorder's office as to within what period of time one should file the deed to make it a valid one.
As for the insurance papers, I cannot comment until and unless you tell me what type of insurance policy you signed on. If you can provide me some more information on this, it'll be easier to understand.
Posted: Tue Apr 17, 2007 11:45 pm Post subject: RE: Act of donation vs quitclaim deed
Hi Suzzanne,
If your husband has signed on the legal paper implied as the Act of Donation, it means that he has transferred his property to you as a gift. As such, he will have to pay gift tax on the value of the property provided its value is more than $12,000. Besides, the amount of gift transferred by him in his lifetime also matters. If the total value of the gift made by him till now has exceeded the $1 million mark, he has to pay gift tax.
Now, coming to your concern over his untimely death, if your husband has signed on the Act of Donation, I don't think a quitclaim deed will be necessary here.
If you have any related query, you can surely put it down below.
Posted: Wed Apr 18, 2007 8:44 am Post subject: removing a name from title
Hi,
I bought a home in 1994. In 1996 I married. My spouse has had no income for the past 11 years. In the Fall of 2005, I was bullied and promised he would make money if we refinanced the home and finally put his name on the title. Well, one and a half years later, no income from him and I have paid the mortgage and taxes solely. On the title, which I received a copy of, it states that we both are 50 percent responsible for taxes on the property. Well, like I said, he has paid none. What are my options. He left the residence in November and only shows up a couple times a months for a minute or so, I am assuming to remind me He owns the house and can come and go whenever he chooses. I cannot afford an attorney at this point since I still have children at home and trying to support ourselves. Any advice on how I can get his name off the title without his knowledge or can I change the locks legally since he doesn't reside here physically. Please help!!
"Any advice on how I can get his name off the title without his knowledge or can I change the locks legally since he doesn't reside here physically. Please help!!"
Maryellen,
You are really in difficult position.
To get his name off the title you will need his signature otherwise it won't be possible. And from what you have described he doesn't seem to be the kind of person who will sign on anything without checking about what it is.
Changing the locks will also not help as he is co-owner of the house and you cannot stop him from coming.
Well, one thing you can try is to tell him that you can get lower rates if you refinance in your own name and for that lender would require the house to be in your name only instead of it being co-owned by both of you. The lower rates will help reduce the monthly mortgage payments considerably.
The reason you will qualify for lower rate is because you have better income while he has none and your credit score is also much better then his. And you have already contacted some lenders who are interested in refinancing for rates which are quite lower.
The reason why the house should be in your name will be that lender requires the mortgagor (you) to hold clear title on the house. And then ask him to sign a quit claim deed so that you can go ahead with the refinance.
Lower rates would mean lesser mortgage payments and thus you will have more money at hand, part of which you will be able to provide to him too. I think that can lure him into believing that it will be a good idea to sign over the house to you.
Let me know after you have a talk with him on what he said.
Posted: Wed Apr 18, 2007 9:34 pm Post subject: RE: To get spouse's name off title
Hi Maryellen,
Welcome to our forums.
Getting your spouse off the title without his knowledge will not help as someday or the other he may come to know of it. Moreover, if you do not want him to visit you, it's better to show him the legal papers stating that you are on the title alone. This may stop him from coming to the house at times.
What I can think of as the best solution in this case, is that you should use an interspousal deed and ask your husband to sign over all rights on the property to you. The reason is, both of you are responsible for the property tax. This implies that both of you must have an interest in the property.
Now, you may have bought the home, but then how come your spouse have an interest? Well, this is because you are perhaps residing in a community property state where all assets owned by one spouse can be equally divided amongst each spouse after marriage. So, in order to stop your spouse from claiming any interest in the property and hence the title, getting an interspousal deed signed by your spouse will be better.
If you can provide me the name of your state, it will be easier for me to suggest what exactly you should do.
sara
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