Can 1 party of a deed with 3 people quit claim without the other 2 signatures

lilone883 · Joined: 03 Sep 2008 Posts: 1 1.31 Dollars($)

My mom, sister, and brother-in-law are all on the deed. My sister and brother-in-law are solely responsible for the mortgage. Can my mother quit claim her share of the house to someone else without my sister and brother-in-laws consent or knowledge? This is in Wisconsin.

adonis · Posted: Wed Sep 03, 2008 9:42 pm Post subject:

Welcome lilone,

If they are all in joint tenancy form of ownership, your mom can quitclaim the house to someone else without informing others.

0.10 Dollars($)

I don't think they are in joint tenancy. My sister is listed as 10% and my mother is 90% on the deed, however my sister and her family have lived there for 10 years now. All the utilities are in my sisters name and are being paid by her, and she is the only one on the mortgage and the one that pays it in full. My mom now wants to quitclaim her 90% to my brother so that he can live there for free while my sister continues to pay for everything. Is this legal?

helping_user · Posted: Sat Sep 06, 2008 12:07 am Post subject:

Hi guest,

Your mom can quitclaim her share of interest in property to your brother. I think joint tenancy is not a requirement here. It is legal for your mom to transfer her share to whoever she wants without the consent of her daughter and son-in-law.

Thanks.

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