Can you use a quitclaim deed in the following scenario? Jo is the only name in the title of the house she bought when she was already married to Jay. Jo wants to gift her 50% of the ownership to her daughter while leaving Jay with his 50%.
I am not sure I understand the question.I think that if Jo is the only name in the title, she owns it 100% and her spouse has homestead rights only which varies from location to location.If she wants to transfer 50% ownership to Jay and 50% ownership to her daughter, she can do so with a quitclaim deed.Of course, this is advice coming from a lay person, not a legal professional.I would always recommend that one consult an appropriate attorney before embarking on any action.
How can a quitclaim deed be challenged in court?
My Dad transferred interest in his home to me via quitclaim deed. He soon after became terminally ill. As some people can relate to, being an only child can come in handy in this situation. Unfortunately for me my angry siblings guilted him into challenging the deed, falsely claiming he was trying to avoid losing his home to the state because his wife was in a nursing home. There's no evidence to support any of this but since then my dad has passed and I'm still in court. What can I do? He had a will that stated that his assets be split equally among his children, but if I am not mistaken it was drafted AFTER he created the deed, and it does not explicitly mention the house as an asset which it would not have been anyway if he transfered ownership of it before he died. If I lose the case the deed is nullified at which point it goes back to the estate, which I am no longer on as his lawyer advised him to write me out of the will.
Can a person change there mind after signing a quitclaim deed?
Whose name was the quit claim changed to all your names or just sis's? If mom changed the deed to all your names or even one of them she no longer owns the property to do anything with. If in all four names you are pretty much out of luck unless out to the goodness of their hearts the others give up their OWNERSHIP to you, again Mom is out of the chain of ownership. I am not so sure you know what is going on and if you are using the correct terminology so see an Atty and find out first, how the house is now deeded and if sis has her name ONLY on the deed then the rest of you are out of luck!
My mom and dad signed a quit claim deed 10 years ago with instructions for me to bring it to the county clerk in the event of their death. My dad recently passed away. Is this deed still valid or does she need to get it updated?
There's not enough fact-specific information here to answer your question; not to mention which jurisdiction's law applies in the first place. You need a consultation with a real-life lawyer because the ownership of the property could go either way. Even if that deed is valid, someone else could have a superior right to the property vis-a-vis that deed. Possible issues include: Did the parents (grantors) validly deliver the deed, or was the property "transfer" never completed, legally speaking? Further, is there a "competing" deed or transfer or encumbrance, especially in light of the fact that the deed hasn't been recorded that would take priority or supersede the deed? Etc.This isn't actionable legal advice, but merely a general discussion of legal issues attendant to property law.
Can anyone sell your property without your consent or without you knowing?
The short answer is yes. Anyone can sell your property without your consent. Is it legal? No. Will you get your property back? Yes. Does this happen often?No. Extremely rare. A person who does this without a title interest in the property or authority from you commits a criminal act. It’s called fraud, but he is really “stealing” your property.The long answer is for someone to do this they would have to have a good knowledge and understanding of how real estate works, how titles are conveyed, all the legal documents required, and have a “buyer”. I’ve been doing this for almost 40 years, and I have only known of one case—-mine. Two years ago, a complete stranger from a different city offered properties in my town to real estate investors online. He sold my house(and many others) and issued the internet buyer a deed. Problem was, he had no title interest in the property. A complete fraud. It took a state investigator over a year to unravel his scheme and stop him. Not sure of the final outcome.My analogy would be this: Can anyone sell your car without your knowledge and consent? Well, yes. Is it legal? No. They would be committing a criminal act and be liable both criminally and civilly. And the “buyer” would have no right to your car.My experience is that it is a pain in the rear, nevertheless.
QuitClaim Deed What is it??
If Mom executed a quite claim deed covering the property, then the property is not part of the estate and the executor, if he is indeed the executor, is guilty of malfeasance and should be removed from office. The quit claim deed transferred title to the house from mom to the grantees named in the deed. Let's back up, though, because it sounds like brother is dangerous. When a person who has made out a will dies, they have no executor. The will NOMINATES an executor. Until the will is admitted to probate and the executor qualifies by filing his oath and bond, he is not the executor. He can become the executor but only pursuant to a court order obtained after all the other heirs receive notice of when the court hearing will take place. The only piece of paper that counts is a "certificate of letters testamentary." That's a document with an embossed seal and original clerk's signature that attests that someone has been issued letters testamentary (i.e. has been appointed and qualified as executor of the esate). No certificate = he's trying to steal the house. If your brother used assets of the estate to make repairs to the house which is not even part of the estate, he has breached his fiduciary duties. You need to contact the court and get a hearing to have him removed. You also need to find out who the surety comoany who wrote his bond is, because you and your family have a full bore claim against the bond for your brother's faithlessness. Nobody needs to move out of the house except the evil brother, whose attempts to oust his betters shold disqualify him from serving as executor. The damages you and the surety can recover from him should wipe out his interest in mom's estate, but you need to move before he fritters all of the value away. Sorry for your loss. Sorry, too, that your brother is such an A-1 A. EDIT: the reason why it's a quit claim deed is that nobody paid anything for their interest in the property. Other deed forms carry a presumption that value was given for the interest, while no such presumption applies to a quitclaim, which is often used to make gifts.
Ohio 3E quit claim deed exempt?
A quitclaim deed merely serves as public notice that the person issuing it no longer claims ownership of the property. If your and your husband's names are on the deed then you are the owners of the property although you don't have the legal protections that a warranty deed or grant deed confers. Be sure to get title insurance that protects YOUR interest. As an aside, if the equity transferred to you and your husband was more than $28,000, your sister must file a Gift Tax return. She probably won't owe any tax but the return is still required. If she owned it jointly with her spouse, that amount doubles to $56,000 and if it does, she and her husband each must file a Gift Tax return. (Each must file one, there's no such thing as a joint Gift Tax return.) As another aside, the lender can demand payment of the existing mortgage in full if they did not sign off on transfer of the mortgage debt to you and your spouse. I would strongly urge you to get your own financing for the property. (I'm a bit surprised that your sister did not insist upon that, since if you walk away she is left holding the bag and cannot fall back on the value of the home for any protection as she no longer has an ownership interest in it.)
I have a question pertaining to house deeds?
I own (did own) a house with my ex. he was bugging me to sign a quitclaim and I finally got him to agree to not do it. But, yesterday he went to the bank to talk about buying the lot next door to us but they said order to add a piece of land to our house & lot we already have and keep it all as one loan, the bank said I had to sign a quitclaim since we aren't and never were married. I wasn't going to sign, but we had a horrible argument about it and I finally signed (while crying) and he had said we could get my name back on. We just had to do it like this real quick. He also agreed that when it came time that I would sign a quitclaim for good, we would have an agreement drawn up between us (basically like a divorce for a nonmarried couple). I keep asking him now when my name can be put back on and he says he doesn't have the money to put my name back on. He instead wants to go do this agreement today, but doesn't want me to get it done by a lawyer, but rather we type it up ourselves and just have it notarized after we sign it. Isn't it better to get this agreement drawn up by a layer? How much would it be to add my name back onto the deed of the house?
While I was very ill recovering from meningitis, I put my husband on the house deed. I had bought it while married and he signed a quit claim due to bad credit. I don’t remember signing or discussing it. Do I have legal recourse in a divorce?
Firstly, is this your signature? I would want to see the original document to ensure that he did not take a copy of you signature and overlay it on to the document. My ex did this with an equity line of credit but could never produce the real signed original. Remember “best evidence” doctrine.The second questions is was there a “meeting of the minds”? Was that your intent? Were you trying to hide assets upon your potential death?Thirdly, where were you when you signed? In the hospital?Yes, see a lawyer. But, shop around. You need an aggressive lawyer.