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hi the house ilive in me and my husbend and kids is under my brother in laws name i have asked him to change it to my name for the safty of me and my kids and my husbend is the one who puys the mortgage i want my brother inlaw not to try any games on me i realy want u to tell if i do a quick claim deed that he has nothing to do with me again thx pr is there a better way

michelle · Posted: Wed Feb 06, 2008 3:31 pm Post subject:

Welcome to the forum runyia,

I am sorry that you are having such a difficult time with your brother in law.

If he were to quit claim the entire property to you now, the mortgage hold has the right to demand full payment of loan balance. It is possible, depending on the state that you are in, for your husband and/or yourself to be added to the deed. Again, your brother in law should really speak to his lender first to get their OK.

I am very confused as to your concern for your safety. Are you worried that if something happens to your brother in law, you will have to move? What are your other concerns?

If you prefer to have your brother-in-law totally out of the picture, your best solution would be to purchase the property from him. You and your husband could own the property and hold the mortgage in your names only. As he is a relative and you will live in the house, he can give you a gift of equity which would allow you a lower loan to value.

Please let us know what other questions we can answer for you.

jheard · Posted: Thu Feb 07, 2008 7:54 am Post subject:

Runyia: punctuation makes your post easier to read.

Yes, a quitclaim deed will work; although, I recommend that you use a Grant Deed instead. You can find forms on the internet. Make sure you notarize the deed and record it in the County Recorder's Office in the county where the property is located.

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