Posted on: 26th Jun, 2007 09:39 am
My question is my grandmother passed away leaving the house to my aunt and mother. My aunt then gave her half portion of the house to my eldest sister who was i think 18 at the time. My mother and eldest sister have had a falling out of sorts and i want to know how my sister can give the other 50% stake to my mother in this house. At the time i am not sure how it was transfereed to my sister, i am assuming a quick claim deed??? but would my sister have to sign that acknowleding it? Also when my sister gives up the 50%, if she trys to give to anyone would my mother have to sign as well because the other half of the house if hers?
Any insight would be greatly appreciated!
Any insight would be greatly appreciated!
hi chrystalinem,
welcome to mortgagefit discussion board.
you have two questions:
1. if your sister uses a quit claim deed to give back her interest in the house to your mother, will she be required to acknowledge/sign it?
2. if she wants to give her to someone else other than your mother than will it be necessary for your mother to sign on the deed?
the answer to the first question is yes she will have to sign the deed being the grantor (the person who transfers property interest is known as grantor). without her signatures it will have no value.
the other point is that your mother will not have to sign on anything if your sister is to transfer her share of interest to someone else. only if your mother is to get the share then she will have to sign as the grantee. she is holding the other half of the house but that is a separate and does not affect how your sister uses her share of property.
do let me know if you have any other questions.
thanks
blue
welcome to mortgagefit discussion board.
you have two questions:
1. if your sister uses a quit claim deed to give back her interest in the house to your mother, will she be required to acknowledge/sign it?
2. if she wants to give her to someone else other than your mother than will it be necessary for your mother to sign on the deed?
the answer to the first question is yes she will have to sign the deed being the grantor (the person who transfers property interest is known as grantor). without her signatures it will have no value.
the other point is that your mother will not have to sign on anything if your sister is to transfer her share of interest to someone else. only if your mother is to get the share then she will have to sign as the grantee. she is holding the other half of the house but that is a separate and does not affect how your sister uses her share of property.
do let me know if you have any other questions.
thanks
blue
"My question is my grandmother passed away leaving the house to my aunt and mother. My aunt then gave her half portion of the house to my eldest sister who was i think 18 at the time. My mother and eldest sister have had a falling out of sorts and i want to know how my sister can give the other 50% stake to my mother in this house. At the time i am not sure how it was transfereed to my sister, i am assuming a quick claim deed??? but would my sister have to sign that acknowleding it? Also when my sister gives up the 50%, if she trys to give to anyone would my mother have to sign as well because the other half of the house if hers?
Any insight would be greatly appreciated!"
Your sister can use a quit claim deed to transfer her half share in the house back to your mother or if she wishes to someone else also. As the person transferring property interest, her signature will be necessary of the deed will not be valid.
Chrysta you can go through this page to know more about how quit claim deed can be used for property transfer: http://www.mortgagefit.com/quitclaim-deed.html
Miller
Any insight would be greatly appreciated!"
Your sister can use a quit claim deed to transfer her half share in the house back to your mother or if she wishes to someone else also. As the person transferring property interest, her signature will be necessary of the deed will not be valid.
Chrysta you can go through this page to know more about how quit claim deed can be used for property transfer: http://www.mortgagefit.com/quitclaim-deed.html
Miller
"if she trys to give to anyone would my mother have to sign as well because the other half of the house if hers? "
No. Only your sister's signatures will be required on the new deed made to transfer her interest in the house. Your mother will not be required to sign on anything simply because she doesn't own it.
She does own the other half of the house but that does not affect how your sister uses or transfers her share of the house.
Both of them can separately give their share in the house to anyone they wish to without the requirement of taking consent from the other owner or signature requirement.
No. Only your sister's signatures will be required on the new deed made to transfer her interest in the house. Your mother will not be required to sign on anything simply because she doesn't own it.
She does own the other half of the house but that does not affect how your sister uses or transfers her share of the house.
Both of them can separately give their share in the house to anyone they wish to without the requirement of taking consent from the other owner or signature requirement.
Hello Chrystalinem,
Regarding your first query of how your sister can give her share of the house to your mother, it is possible through quick claim deed. In that the grantor (your sister) would transfer her share of interest of the house to the grantee (your mother). Your sister would have to sign the deed in order to make it valid.
"Also when my sister gives up the 50%, if she trys to give to anyone would my mother have to sign as well because the other half of the house if hers?"
Since your sister has a 50% stake in the house, your mother is not required to sign if your sister plans to give her share to anyone.
Regarding your first query of how your sister can give her share of the house to your mother, it is possible through quick claim deed. In that the grantor (your sister) would transfer her share of interest of the house to the grantee (your mother). Your sister would have to sign the deed in order to make it valid.
"Also when my sister gives up the 50%, if she trys to give to anyone would my mother have to sign as well because the other half of the house if hers?"
Since your sister has a 50% stake in the house, your mother is not required to sign if your sister plans to give her share to anyone.
Hello Chrystalenim,
Your sister may have signed the quitclaim deed for the share of her acquired property from your aunt. And for now, your sister need not take the consent of your mother for transferring 50% of her share to someone else. But being the donor, she will have to sign the deed whether she give away to your mother or to someone else.
Your sister may have signed the quitclaim deed for the share of her acquired property from your aunt. And for now, your sister need not take the consent of your mother for transferring 50% of her share to someone else. But being the donor, she will have to sign the deed whether she give away to your mother or to someone else.