Quit Claim deed under Tenancy-in-common

Jessica · Posted: Wed Feb 08, 2006 12:21 am Post subject: RE:

Hi,

May be there had been some problem in your browser cache because of which you could not get your answer. Actually, we have already replied to your query yesterday itself.

You can check out with the answer from the topic Taking my name off the property

In case of any other confusion or further query, please get back to us.

Thanks for your patience and co-operation.

Regards,
Jessica.

Guest

My mom had a quit claim deed done after my dad died in 1996 and had my brother and me put on the deed with her.She has a life estate on the deed.But my brother is her guardian /conservator,I am co-guardian.He had to have her declared mentally incompetent.At the time she was,but she has gained her memory back pretty good and knows what she wants.She is living in an adult foster care and two of her grandaughters want to buy the house and she wants to sell to them.Is there anyway that she would be able to manage this.Even the lawyer that my brother got to handle the guardianship/conservertorship has talk to my mom and thinks she knows pretty much what is going on.She also doesn't want him to go into her house and take any of her personal things.I would appreciate any help. Thank You

Guest

Hi Donna,

The mental competency will have to be proved through a mental competency assessment test. An experienced mental health care professional will determine whether you mom has regained mental competency. You can then ask the court to declare your mom to be mentally competent based on the report given by the medical officer.

Thanks

colin · Posted: Thu Sep 21, 2006 4:19 pm Post subject:

Hi Donna,

It is quiet necessary to prove that your mom is mentally competent now as mentally incompetent people cannot enter a contract. And it is taken that they can not understand the legal obligations of the contract they are entering into and any such contract will not be considered legal.

Thanks
Colin

blue · Posted: Thu Sep 21, 2006 4:53 pm Post subject:

Hi Donna,

After the court agrees that your mom is now mentally competent, it will remove the assigned guardians and your mom would be able to sell the house.

Before she sells the house you and your brother will be required to quit claim your interests in the house back to her. After which she may sell by transferring her interest by way of a warranty deed in names of granddaughters.

To know how to quit claim your interest back to her and how she can use the warranty deed, please go through the details given on these two pages:

* Reverse Quit claim deeds
* Warranty Deed

Blue

Caron · Posted: Fri Sep 22, 2006 12:43 am Post subject: RE:

Hi,

If your mother has recovered, she can very well transfer her portion of the property to someone else. But she can't give away the share of interest you and your brother have on the property. She can only sell the entire property if you and your brother quit claim your shares back to her. Take your attorney's advice in this regard so that he can help you stop the sale.

Thanks,

Caron.

Guest

My ex husband and I own property and he is remarrying - Will a quit claim deed be sufficient to retitle our property to our names joint tenancy so that if either of us dies the property reverts to the other one? The property is currently in both of our names but without joint tenancy. thanks, susan

sara

Hi Susan,

Welcome to the forums.

You can use a quit claim deed to retitle the property in the form of joint tenancy with right of survivorship. The right of survivorship indicates that upon the death of a co-owner, the other person on the title will hold title to the entire property.

Thanks,

Sara

Guest

My parents are divorced and live in the same household. One parents has a terminal disease. There is no living trust for either parents. My siblings and I are thinking of doing a quit claim for the terminally ill parents-placing all siblings for this 50% of the house-Is this possible???Please advise

miller_st · Joined: 17 Jan 2007 Posts: 917 168.95 Dollars($)

Hi DoMartinez,

Sorry to hear about your parents condition.

For transfer of ownership interest using a quit claim deed it will be necessary for your parent to sign the deed as the grantor. But you are saying that he has terminal disease.

If he is still in a position to take legal decision and to sign legal documents then the property transfer would be possible. You will have to contact an attorney to confirm his physical state and whether as per laws in your state he can take legal decision in the physical state he presently is in.

Miller

Guest

what do you need to bring with you to do a quick claim deed?

Posted: Tue Sep 18, 2007 1:06 am Post subject:

Hi Mary,

To do a quitclaim deed, you may have to bring some documents related to your title to the property to prove that you are the sole owner to that property.

Guest

IF MY MOTHER SIGNS A QUIT CLAIM DEED TO ME AND HER. SO THE
HOUSE IS STILL HERS BUT MINE TOO. WHEN SHE DIES WILL ALL I HAVE
TO DO IS SHOW A DEATH CERT? DO YOU SEE ANY REASON WHY THIS IS
A BAD IDEA:

larry · Joined: 27 Jun 2007 Posts: 3328 474.61 Dollars($)

Hi Patty,

After the death of your mother, you will have to remove her name from the deed by filing an affidavit of heirship. Then, you will gain sole owner to the property. But I cannot understand why have you stated that it is a bad idea. Can you please explain?

Guest

I am going through divorce, two years ago my spouse did a quick claim deed to me on our home , as he was in a financial mess, now that we are going to court does he have any rights to the home?

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