What are our rights?

rwest816 · Joined: 25 Oct 2009 Posts: 1 1.40 Dollars($)

My mother passed away in feb of this year but before she passed me & my brother got a "quit claim deed" with his & my name on it. Well comes to find out that my mother was still married to my father & now he owns rights to her house although he has never, ever paid property taxes on the home & has been missing in action 4 yrs prior to her passing. Now he's trying to sell the house but my brother & i are not ready to sell. What are our rights legally as far as holding on to the property?

gunzijjistaff · Joined: 07 Apr 2009 Posts: 458 6.81 Dollars($)

Hi rwest816,

Your & your brothers name mentioned on deed that menas you have ownership of this property.Your father can't sell this house without your & your brothers agreement.

If he mentioned on deed,He can sell his share of property.

Thanks.
gunz.ijjistaff

greggwyburn · Joined: 13 Sep 2009 Posts: 60 0.03 Dollars($)

gunz is right. how can one sell without owning propery?

do not sign any paper. consult an attorney

adonis · Posted: Sun Oct 25, 2009 10:01 pm Post subject:

Hi rwest,

If your father's name is not on the property deed, then he will not be able to claim any legal rights over the property. In that case, you and your brother would be considered as the legal owners of the property and will be able to retain it. However, if it's a community property state, then your father can claim legal rights on that property.

Guest

My husband is ill and we need to move back where his doctors are...the bank said they will send us a deed in lieu application....Do they usually buy this back from us..thanks.

jameshogg · Posted: Mon Oct 26, 2009 11:07 pm Post subject:

Hi linda,

A query similar to yours has been answered in the given page:
http://www.mortgagefit.com/problems/dil-rights.html

Take a look at it. I hope it will help you.

Thanks

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