Posted on: 13th Sep, 2008 04:53 am
A deed question. My father added my brothers and I to his property deed a couple of years back, we each own a quater of the propertyand they own a quarter. As my father passed this year and my mom is still with us, my mom thinks of selling the property as it is paid off and it may be to much for her to keep up. It has come to a ownership claim of my brothers saying they own the property and want to keep it. THey have even said to me we own it. My mom lives there, they have claimed to leave it go to sheriff sale if she can't pay the taxes and they will buy it then. My mom, myself, and 2 brothers own each a quarter. My mom wants to know, is there a way to remove them from the deed? It is heart breaking that things come to this but I feel it is my moms decision as they built and have owned this property years before the deed was changed. Can she change the deed without them to get her name back on her property?
Thank you Lynda
Thank you Lynda
Hi Lynda,
Welcome to the forums.
Even if your mother has her name on the deed, she cannot get back the property unless the others are willing to deed back their share of interest to her. So, in order to remove their names from the deed, your brothers will have to quitclaim back their shares in the property.
There's one thing that your mother can do. If she can buy out your brothers' interests in property, then she'll be able to get back property in her name provided you too sign over your share of property. Or else, she can buy out your brothers' interests and then file a life estate deed making you the beneficiary. So, she will be able to retain the property while at the same time making you the beneficiary.
Take care
Welcome to the forums.
Even if your mother has her name on the deed, she cannot get back the property unless the others are willing to deed back their share of interest to her. So, in order to remove their names from the deed, your brothers will have to quitclaim back their shares in the property.
There's one thing that your mother can do. If she can buy out your brothers' interests in property, then she'll be able to get back property in her name provided you too sign over your share of property. Or else, she can buy out your brothers' interests and then file a life estate deed making you the beneficiary. So, she will be able to retain the property while at the same time making you the beneficiary.
Take care
I WANT TO REMOVE A NAME FROM A PROPERTY DEED AND HAVE THE PERSONS APPROVAL TO DO SO- HOW DO I GO ABOUT THIS AND HIS NAME IS NOT ON THE MORTGAGE?
Welcome LISA CYR,
The person whose name is to be removed from the property deed needs to sign a quitclaim deed. Once the deed is signed, it has to be notarized and recorded at the county recorder's office.
The person whose name is to be removed from the property deed needs to sign a quitclaim deed. Once the deed is signed, it has to be notarized and recorded at the county recorder's office.
Thank you
I WANT TO TRANSFER MY PROPERTY TO MY GIRLFRIEND,WE HAVE BEEN LIVING TOGETHER FOR 12 YEARS AND HAVE TWO CHILDREN,WHAT DO I HAVE TO DO?THANK YOU.
hi guest!
welcome to forums!
you will have to use a quitclaim deed in order to transfer the property in your girlfriend's name. once you fill out the quitclaim deed, you'll have to notarize it and record it at the county recorder's office.
you haven't mentioned if there is a mortgage on the property or not. if there's a mortgage on the property, then your girlfriend will have to refinance the mortgage in her name.
feel free to ask if you have further queries.
sussane
welcome to forums!
you will have to use a quitclaim deed in order to transfer the property in your girlfriend's name. once you fill out the quitclaim deed, you'll have to notarize it and record it at the county recorder's office.
you haven't mentioned if there is a mortgage on the property or not. if there's a mortgage on the property, then your girlfriend will have to refinance the mortgage in her name.
feel free to ask if you have further queries.
sussane