quit claim question - From remarried father to son?

Question

My father remarried and lives in a home with his wife and her 2 children. As his only son I am currently living with roomates. My father wants to put the house in my name; it is currently in his name only.

My fathers wife is foreign and she will be legal after my father and her meet with immigration this coming June (marking 2 years for her in this country I believe).

How can my father transfer ownership of the home to me? He wants it so that she has no claim to the home at all should something happen to him. Since she isn't even a citizen yet, would she need to sign something? I am planning on taking out a loan to pay off my father who is giving me a cheap price on the home and moving out before June.

Any and all advice on this matter would be greatly appreciated; I know VERY little about real estate and do not want to pay for a home only to have someone take it from me. What type of deed should I get? Is a quit claim enough?

Answer 1

Holding title to real property as Community Property is a type of ownership available to married couples only. There are currently nine states which offer Community Property status. These states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. The "marital property act" defined Wisconsin as a community-property state, but individual circumstances will dictate how this act is interpreted.

The property laws in these nine states look at property purchased during a marriage as community property and both husband and wife have an equal right to possess the property during their marriage. In some states, upon the death of either spouse, the surviving spouse automatically receive half of the community property. With community property, neither spouse may sell his or her own share. To transfer the property to someone else, both husband and wife must sign the deed. When one spouse dies and leaves no will, the surviving spouse may acquire the property, but unlike joint tenancy, either spouse may will his half interest to others if he or she so chooses.

One thing I know that is applicable to Washington state (I'm a resident) is that wholey-owned property that belongs to a person remains the property of that person and does not automatically become 'community' property unless both spouses sign a Community Property Agreement which basically integrates all property into that 'community' property state.

It's easy enough to find out with an inquiry to a real estate lawyer whether or not your father can do this. Her not being a citizen does not preclude her from legally owning real estate in this country. If he does intend to sell it to you, then for him to quit-claim deed it to you then you take a loan out on it to pay him for it would possibly appear as some type of fraud. If it is his right, and he doesn't need any type of legal participation, permission, or release from his current wife to sell you the house, I would say take the most legal route on this that you can.

When a house is sold for less than it's assessed value (county value for tax purposes) it puts up red flags at the county. However, since he is your blood father, I believe he there is a 'gift' thing he's is allowed to do for reduction of or the gift of property of value.

Please, please keep it as legal as possible. It's the best way to avoid future headaches for yourself and your dad.

Answer 2

If he *sells* the house to you, it's yours. Depending on where you live, the wife may have claim even if she's not 'legal' yet - locations with community property laws base claims on the marriage, not citizenship. If this is the case she would have to consent to any sale, but you might or might not need a separate quitclaim. You're best off checking with an attorney who has the right expertise, and have a clear sales contract.

Answer 3

if your father owned the house before he married his present wife, then she really has no claim on the house at all. all he has to do is transfer it to you via a warranty deed or transfer of ownership. it is a simple procedure. i do not know what state you live in so the forms may vary.

you can go to any notary public and they can do all the paper work. is the house fully paid for and in your father's name alone? if the house is under his name alone, she has no claim whatsoever even if they are married. the property was his before their marriage so.... she does have a claim on all cash in his bank account and investments unless you are the beneficiary of his IRAs and insurance policy. maybe he should make her the beneficiary of his insurance because i know first hand how difficult it is to come to another country with little kids and you are left alone without anything. it is so tragic for the babies. but the house, he wants to give you that as your legacy from father to son.

we did the same to our home.... transfered it to our eldest son. we called a title company and asked them to prepare the paperwork for transfer. title companies can do that very easily as they have all the forms. normally, sears has a notary public so call them or any notary around your area and ask them if they can prepare the paperwork for property transfer from your dad to you.

take care.....

Answer 4

Where do you live that they have interest charges for child support.. ??? I have never heard of that... Now you know how the mother felt with you not paying support when you didnt!! Pay what you have to pay... Take the other mother for support, get a lawyer