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My mother and her husband had a quit claim deed document created by their lawyer to me and my husband with a right of surviorship. My mothers husband is now trying to divorce her and get the house back. Can this happen and if so what is my recourse. My mother would like to leave it as is.

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi Marth,

Welcome to the forum.

If your parent quitclaimed the property to you, now they don't have any rights on that property.

Have you notarized the deed and record it in the county recorder office. Because this is very important to make a deed valid.

He can get the property back if you quitclaim it back to him or if he can proof that the deed is not a valid one.

Feel free to ask if you have any further questions.

Best of luck,
Larry

Posted: Tue Jan 29, 2008 11:50 am Post subject:

The form is notarized but appears to say that we all own it with rights of surviorship...so this means when he and my mother pass we will automatically own it...or do we all own it now?

gmakerley · Posted: Tue Jan 29, 2008 2:35 pm Post subject:

if you "all" own the property, then that is literally how it stands. in other words, all of you own it.

you (the remaining 3 of you) will need to figure out some sort of scenario by which you can resolve this situation.

inasmuch as they are in the divorce mode, i would hope that each of them has legal representation. if so, then those lawyers could advise them of their individual rights concerning the property. you and your husband would be wise to engage legal counsel as well, to be sure that your rights are protected.

bon chance!

michelle · Posted: Tue Jan 29, 2008 3:53 pm Post subject:

Hi Marth,

George is correct. If it reads the way you describe, all of you own the property.

Obtaining legal counsel would be a great idea. Not just your parents for their divorce, but as George stated, you and your husband shoud also make sure you have representation because you are partial owners of the property.

Best of luck. Please let us know if you have any further questions.

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Quit Claim Deed & Divorce