is on the deed. She now has decided this was not a good idea due to his drug history. How can she get him off the deed? he is refusing to sign the quick claim back to her. Any other recourse?
Please advise.
2006-09-08 06:07:22 · 14 answers · asked by karen m 1 in Business & Finance ➔ Renting & Real Estate
Kick his fu cking azz until he's glad to sign!!
2006-09-16 05:17:53 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The right this moment previous poster is closer to the actuality. Your mom at once went from being a sole proprietor to being a 50% proprietor whilst she positioned your brother's call on the deed as a co-proprietor. The sticking factor is the spectacular of survivorship difficulty. If the deed relatively states that your mom and your brother carry the valuables "with a right of survivorship" (this is uncommon in deeds offering for tenancies in user-friendly, with the help of how), upon the dying of the two of them the decedent's activity passes to the survivor. Assuming that your brother is going to survive your mom, a later deed to the valuables that during user-friendly terms your mom executes can in user-friendly terms function on the 50% she owns, and in user-friendly terms during her lifetime by way of survivorship provision interior the quicker deed. So the respond is: you particularly ought to get your brother to connect interior the hot deed.
2016-12-18 06:58:18 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Well this is a tricky situation. Depending on wether or not she has a lien on the property and the laws in the state that you live in she will have several different options:
(No Lien) sell the property to you as her daughter for $5 and if the deed is listed as follows she doesn't have to have your brothers consent to sell the property : ( Jane Doe {or} John Doe ) if it is listed ( Jane Doe {and} John Doe) she WILL have to have your brothers consent to sell. Then you could sell the property back to her without it going back into your brothers name.
(With Lien) she could sell you the property for the payoff on her mortgage ( check to see if how the deed is written) and then you could turn right around and sell her the house back without it going into your brothers name. The option is costly but may be worth the trouble and expenses.
Make sure to check with a real estate attorney and check the deed.
2006-09-08 08:06:24 · answer #3 · answered by Anonymous · 0⤊ 1⤋
She blew it. If he does not voluntarily sign the quitclaim deed, there's nothing that she can do about it. At this point, her best bet is to offer to buy out his interest.
She should consult with an attorney, but probably has no recourse unless she can prove that she did it under duress from your brother.
2006-09-08 08:00:12 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 0⤋
That's it - he owns the land together with her, she can't just change that now.
The only thing she can do is unwind the relationship by suing for partition. Essentially, she sues to have the property sold and the proceeds from the sale split between them. This is obviously not an attractive option.
2006-09-08 07:07:16 · answer #5 · answered by TarDane 2 · 0⤊ 0⤋
This was not a smart move on her part. He ownes the property jointly with her. Have her offer to "buy" his portion back. Legally he does not have to sell it to her or sign it back over to her.
2006-09-08 17:38:25 · answer #6 · answered by Donna R 2 · 0⤊ 0⤋
Well, that was probably not her brightest moment. She may have to offer him a monetary amount to sign it. ... better to give him $1000 cash than to have him own 50% interest in her house!!!!
2006-09-08 06:45:52 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Its better to ask this to a real estate lawyer then here since they have experience.
Look at http://www.themortgagehouse.com/ and ask the question there for a valid response.
2006-09-08 06:13:24 · answer #8 · answered by The First 3 · 0⤊ 0⤋
Sounds like a legal issue. What was she thinking?
2006-09-08 06:12:56 · answer #9 · answered by Anonymous · 0⤊ 0⤋
offering drugs might work but if she wants to get him off she better get a lawyer.
2006-09-08 14:27:06 · answer #10 · answered by business creature 2 · 0⤊ 1⤋