Compare Mortgage Quotes

Refinance Rates for Today

Please enable JavaScript for the best experience.

In the mean time, check out our refinance rates!

Company Loan Type APR Est. Pmt.

Quit Claim Deed question

Posted on: 21st Nov, 2007 10:34 pm
my father and his siblings' name were on my grandparents' house after my grandparents died. my father and all of his siblings are now deceased. 2 of the siblings names have been changed so their children now share their share of the house and children of 2 of the siblings, including me, have not. this leaves multiple cousins to share in this house which is worth very little. one of the cousins, insists that she has done repairs and improvements and paid taxes off and on over the years and therefore she is entitled to the property. since no one asked her to do any of this, the rest feel she is owed nothing. several of the cousins want to sell it, two just want to let it go to a tax lien auction (overdue taxes are now over $6000.), and one wants it for free for herself. my question...is a quit claim deed a way for me to be sure my name never appears on the deed and i can get out of this situation? it is going to get ugly and i want nothing out of the property. i just do not want it to cost me anything. i figure a quit claim deed would be the way to go and either my cousin pays for the filing fee or i can go to the county office and do it myself at a minimal cost. thoughts, please!
Hi Nancy,

If your name is on the deed at present then you can sign a quit claim to any one you wish to. You have to sign as the grantor, get the deed notarized and record it at the county recorder's office in order to make it valid.
Posted on: 22nd Nov, 2007 12:34 am
Hello Nancy,

"2 of the siblings names have been changed so their children now share their share of the house and children of 2 of the siblings, including me, have not."

If your name is not on the deed then you do not have any ownership rights to the property.

Was there a will made by your father which states that you will own his share of interest? Or was the house acquired by your cousins after filing heirship?

If you have ownership rights you may grant that with the help of a quit claim deed and take your name out of it. A quit claim will not cost you much. You may have to pay the recording fees and the transfer fees but it depends upon your state laws.
Posted on: 22nd Nov, 2007 02:48 am
My father's name is still on the deed. My brother and I are his sole heirs. This was missed in probate. I had long forgotten about it and I don't know that my brother ever knew about it.

I am worried about liability even though my name is not on it but I am one of the heirs to someone whose name is on it and really want to just walk away.

Thanks for the information.
Posted on: 22nd Nov, 2007 05:10 am
Hello Nancy,

You have to get your name on the deed first and only then you may sign a quit claim to grant the property to someone else.

How could this be missed in the probate? Does your father have a will?

If yes, you may take the help of the will to get your name on the property.

You should also consult an attorney for further advice.
Posted on: 22nd Nov, 2007 05:18 am
On the quit claim deed there is a paragraph that states that the first party, for good consideration and the sum of ect. I'm doing a claim for my son and the finance company says that in this paragraph that my son has paid the amount and the financial procees can't be completed, is that true?
Posted on: 14th Mar, 2008 09:26 am
Welcome Daniel,

Your questions isn't clear. Can you be more specific and say what transaction it is and whether you are quitclaiming property to your son.
Posted on: 14th Mar, 2008 10:49 pm
Daniel, please ask your question in a new post. The responses here are to answer Nancy's question in her post.

Nancy: yes, record a quitclaim deed to your brother, and this will take you out of the picture.
Posted on: 15th Mar, 2008 07:16 am
Page loaded in 0.121 seconds.