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quit claim deed question,transfer from mother to daughter

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coolsystems

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PostPosted: Sun May 20, 2007 4:45 pm    Post subject: quit claim deed question,transfer from mother to daughter

My wife & myself have been living in a house in Louisiana for the past 13 years.we paid off the Mortgage that was in her mother,& fathers name.They were supposed to sign the house over to us after we paid it off.Her mom has no problem with that.But now we are having a hard time with her dad now that it is paid for.Can her mother add heror both of us to the deed?
An attorney told me a oral agreement is legally binding in LA,so we are concidering sueing her father,but in the mean time we want to get some kind of protection from her father.
Any info would be greatly appreciated,
Thanks

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Icon Mini Profile jameshogg
jameshogg


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PostPosted: Sun May 20, 2007 9:51 pm    Post subject: RE:Dispute over adding names on deed

Hi Coolsystems,

Welcome to forums.

Your mother-in-law can add both of you to the deed through a quitclaim. By doing this, she will be conveying a part of her interest in the house to you and your wife. But if you wish to get the ownership rights on the entire property, then you need to convince your father-in-law. Or do you have a written agreement that you will be taking over the property after paying off the loan? If that is so, then you can approach the person and remind him about the agreement. And, legally, he has to go by it. In case, he does not agree, you can sue him.

I think its time that you consult an attorney and discuss this issue. He will be the right person to tell you what kind of protection you can demand from your father-in-law.

Thanks
 
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Roby

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PostPosted: Mon May 21, 2007 12:49 pm    Post subject:

Oral agreement will be difficult to prove as your father-in-law can very well deny that he agreed to any such thing. If you have any written agreement then it would be possible to prove that such an agreement was actually made and they should now give the property to you.

If your mother makes a quit claim deed then you will become owner along with both of them but will not have full ownership of the house.

Roby
 
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coolsystems

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PostPosted: Mon May 21, 2007 2:32 pm    Post subject: Thanks

Thanks for the replies.I guess we will get Mother-in-law to add us to the Deed,so we can have at least part ownership in the property,&Father -in-law will have to fight with all three of us if he wants to sell the house.
Also,an attorney just out of school (a neighbor)told me that mother-in-law should make out a WILL to give her share to my wife if she would die.

Also,does anyone know if we have any rights,since we paid the mortgage note for 13 years(we have all the reciepts),& paid off the second mortgage when the bank was going to foreclose on the property?(he was going to sign an Act of Donation at the time,but the property was not paid off.we had an attorney handle the "almost foreclosure")
I don't know anymore this is aggrivating.
Thanks again for the replies
 
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Icon Mini Profile miller_st
miller_st


Joined: 17 Jan 2007

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PostPosted: Mon May 21, 2007 2:41 pm    Post subject:

Quote:
Thanks for the replies.I guess we will get Mother-in-law to add us to the Deed,so we can have at least part ownership in the property,&Father -in-law will have to fight with all three of us if he wants to sell the house.


Yes I too agree with you. After you and your wife are on the title your father-in-law will have difficulty in selling the house without your consent.

Your mother-in-law (if she agrees) can quit claim her interest to both of you right now instead of making your co-owners along with her. In such situation there will not be any need to create a will. However, if she wants to retain her interest in the house then a will would serve the purpose of transferring the ownership after her demise.

Miller
 
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Kenny Acosta

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PostPosted: Mon May 21, 2007 2:46 pm    Post subject:

Hi Coolsystems,

You asked that whether you would have any rights over the house after paying the mortgage for 13 years.

But I am afraid to say that you do not get any property rights just because you were paying the mortgage for your in-laws.
 
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deb swinford

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PostPosted: Sat Jul 21, 2007 9:53 am    Post subject: quit claim deed

If my mom signs a quit claim deed on her house to me...when she dies, will I become sole owner? Or will it have to be divided 4 ways as stipulated in Living Trust?
 
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Icon Mini Profile miller_st
miller_st


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PostPosted: Sat Jul 21, 2007 6:37 pm    Post subject:

Hi Deb,

I think you have asked the same question over here also ( http://www.mortgagefit.com/propertytransfer/ownership-livingtrust.html  ). So please go through this page to see the answers other community members have given.

Miller
 
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