Hi,
Question: My brother spent some time in prison for growing pot. 8.5 years to be exact. Before he was incarcerated he "Quit Deeded" his home over to our sister. That was about 12 years ago. My brother has been out for about 4 or 5 years now and she won't give him back his house. She lived there for 8.5 years rent free. He has been maintaining the taxes...
My sister has a gambling problem and has taken out a large mortage on the home. Can she do that without his permission?? When he went to jail there was a 5,000.00 mortage left on the house and now I think there is about 80,000.00 she gambled away.
How can he get his home back....The home is located in MN.
My brother is a great guy and made a mistake, but this is not fair. He is 54 and wants to build a new house on his property and can't because of this problem..
Thanks for any help...
Steve in MI.
2006-09-13 10:43:50 · 4 answers · asked by Steve S 1 in Business & Finance ➔ Renting & Real Estate
Her home, her debt.
What should have been done is past, and done.
Family trust. Not always there.
He can stop paying the taxes.
2006-09-13 10:55:14 · answer #1 · answered by ed 7 · 0⤊ 0⤋
Sigh. When he quit claimed his house to her, he deeded it to her, and it became hers to do whatever she wanted to with it. What he should have done is just gotten a written rental agreement and had someone serve as power of attorney should anything arise with the property (probably you and not her as she doesn't seem trust worthy!)
Essentially, he gave his property to her. What she did was legal.
There MAY be a way to fight it if he can prove his intentions were not to give it to her, but I doubt it would hold up. He shouldn't had deeded it at all.
The only good thing is that the mortgage is HERS and not HIS. So she still has to pay for her own mistakes-- except that he lost the equity and she could probably just sell and break even, or better.
Sorry I can't help, but he just made a bad choice.
2006-09-13 18:01:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
A quit-claim is a legal give-away of property. Whoever it is signed to becomes the legal owner, and can do whatever they want----it's THEIRS.
He can't get it back unless she quit-claims or sells it to him.
Is there enough property to build another house for him??
2006-09-13 17:53:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Sounds like you might have to get a lawyer involved. I know with Family it can get touchy, but he trusted teh house to her she abused his trust. I am not sure of the laws in MN, but in california is sounds like it calls for someone who know your brothers legal rights to his property, regardless of why he had to leave it to her in trust
2006-09-13 17:53:30 · answer #4 · answered by Marilyn M 3 · 0⤊ 0⤋