Posted on: 09th Sep, 2008 08:04 am
I lived in my home for 10 years. Two years ago a friend moved into my residence. I had a mortgage for $180k in my name only. She offered to give me $90 towards the mortgage in return wanted her name on the deed. I accepted the money and refinanced my mortgage for lower payments. About 2 months later she got a new deed prepared with her name on it and I signed as joint tenants. Since she has left and will not sign my home back to me or accept any settlement I offered. She is trying to force me to sell my home. Can she do that?
you need to speak with legal counsel. you're in jeopardy with this situation, and you'll need precisely that legal advice to allow yourself a way out.
I'm afraid that she can from what you've said. I believe your only way out is going to be sell or get an appraisal and offer her half the equity.
But of course seek legal counsel specializing in real-estate law for this.
Sorry to hear about this, it's sad to see what some people will do to a friend after they let them move into their house.
But of course seek legal counsel specializing in real-estate law for this.
Sorry to hear about this, it's sad to see what some people will do to a friend after they let them move into their house.
She does currently own half of the property so you will have to come to some type of agreement. I doubt she will sign off of title without anything in return since she did pay for half of the property. I would talk with her about coming to a comprimise that will work for the two of you. Maybe she will take the 90K she put into it. You may have to refinance to be able to take the cash out to pay her and have her name removed. Of course, this is just a suggestion for a reasonable comprimise but I do not know the details. I think only the two of you can sort this out.
My father and I had a survivorsip deed. I have been living in the house for the past 13years I paid for all the upkeep on the house paid off the mortage and paid all real estate tax es on my own. My fahter changed the deed to a warranty deed, removed his name, and added on my sisters name. Does she own 50 percent of the property even though she paid no money whatsoever? Alaso why does my name not appear on the new deed. I did not sign anything to have my name removed
Hi skittles,
If your sister's name is on the warranty deed, then she owns 50% of the property. You have mentioned that your name is not mentioned on the new warranty deed. In that case, your name has been removed from the deed. But I don't think it is possible to remove your name without your signatures. You should immediately contact an attorney and check out the steps that you can take in this case.
Thanks,
Jerry
If your sister's name is on the warranty deed, then she owns 50% of the property. You have mentioned that your name is not mentioned on the new warranty deed. In that case, your name has been removed from the deed. But I don't think it is possible to remove your name without your signatures. You should immediately contact an attorney and check out the steps that you can take in this case.
Thanks,
Jerry
Does anyone know if the reason my name is not on the new warranty deed is because I did not sign off. It looks to me like my father gave his half of the house to my sister and that is why only their names on on the new deed, If you do a property search on the house it states we are both the owners. I have been living in the house for 13 years, paid off the mortage, all repairs and property taxes on the house. She refuses to pay anything. Does anyone know if she will still get half of the money, seems very unfair to me if she does.
Hi Skittles
If your father had given his portion of the property to your sister, then your name and your sister's name would have been on the deed. But you have mentioned that the new warranty deed has your father's name and your sister's name. This means that you are not the owner of the property anymore. Your sister can get 50% of the property in that case.
As far as property search is concerned, I guess, it is not been updated as of yet. In my opinion, you should follow jerry's advice and contact an attorney.
Thanks.
If your father had given his portion of the property to your sister, then your name and your sister's name would have been on the deed. But you have mentioned that the new warranty deed has your father's name and your sister's name. This means that you are not the owner of the property anymore. Your sister can get 50% of the property in that case.
As far as property search is concerned, I guess, it is not been updated as of yet. In my opinion, you should follow jerry's advice and contact an attorney.
Thanks.
One more question from Skittles. My name was on the survivorship deed along with my fathers. I already owned 50 percent of the property. When you did a property search it listed me and my father as the owner's, now it says me and my sister are the owners. I want to keep the house and buy her out. I do not think she can just remove my name without my signature.
Welcome Skittles,
As your sister's name and your name is on the deed, then both of you are the owners of the property now. If you want to buy her out, you need to talk her. She needs to sign a deed in your favor in order to get the property. You may also take the help of an attorney in doing this.
As your sister's name and your name is on the deed, then both of you are the owners of the property now. If you want to buy her out, you need to talk her. She needs to sign a deed in your favor in order to get the property. You may also take the help of an attorney in doing this.
I HAVE BEEN MARRIED FOR THREE YEARS WHEN THE HOUSE WAS BOUGHT IT WAS BOUGHT IN MY HUSBAND NAME WE STILL HAVE A MORGAGE ON IT. CAN THE DEED BE PUT IN MY NAME. WE DID MOVE IN THIS HOUSE TOGETHER AT THE SAME TIME AS A COUPLE AND WAS MARRIED THREE MONTHS LATER.
Hi SUNSHYN!
Welcome to forums!
You can definitely add your name to property deed. In order to do that, you and your husband will have to sign a new quitclaim deed. Here your husband will be the grantor to the property and both of you will be the grantee.
If you want the sole ownership of the property, then you will have to ask your husband to transfer the deed in your name. As there is a mortgage on the property, you will have to refinance it in your name.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
You can definitely add your name to property deed. In order to do that, you and your husband will have to sign a new quitclaim deed. Here your husband will be the grantor to the property and both of you will be the grantee.
If you want the sole ownership of the property, then you will have to ask your husband to transfer the deed in your name. As there is a mortgage on the property, you will have to refinance it in your name.
Feel free to ask if you have further queries.
Sussane
me and partner have been split for at least 6 months now we have a joint morgage and i want to take my name off as me and the kids have found a rented property and my ex partner does not want to sell the house. how do i do this please?
Welcome debbie,
In order to remove your name from the joint mortgage, your partner will have to refinance the mortgage in his name. Once he does so, you will be released from the liability of paying the mortgage.
In order to remove your name from the joint mortgage, your partner will have to refinance the mortgage in his name. Once he does so, you will be released from the liability of paying the mortgage.
i put my husbands name on my morgage 4 years ago. we have now split and he wants his name off.how do i do it, he wants no money from it/
Hi bev,
You will have to refinance the property in your name in order to remove your husband's name from the mortgage. In order to refinance the property, you should have a good credit score and your property should have equity.
You will have to refinance the property in your name in order to remove your husband's name from the mortgage. In order to refinance the property, you should have a good credit score and your property should have equity.