Posted on: 30th Jan, 2010 03:47 pm
my father passed a few years ago and one of my brothers (out of 8 surviving heirs) was his executor before he passed. after my father passed this same brother continued to take over my father's house (which is free and clear of mortgage and liens); but we have been chipping in to help him pay the property taxes. my father quitclaimed to me a part of land that is right next to the house and i am paying the property taxes so it would great to combine both the land and house as one.
meanwhile my brother's name is still on the warranty deed and he decides he (alone) wants to sell the house and is asking the rest of us to pay him to take his name off the deed. can he do that legally? and can he sell without our consent legally? and what recourse do we have to get our names on the deed.
i would like to keep the home in the family name, fix it up and live in it, as no other famy member wants to do anything to fix it up. my brother may try to do a tenants-in-common instead of a quitclaim deed. first can he legally (or should he) do a quitclaim deed just because he is the only name on the warranty deed?
also i already own a house in another state but plan to move to the house my father left. if my brother can legally quitclaim the deed to me, could i apply for a home equity loan on my father house while i am selling my house i am currently living in while i am still employed with an income because i may not have the same amount of income coming in when i move to my father house.
i hope this isn't too long.
thank you
meanwhile my brother's name is still on the warranty deed and he decides he (alone) wants to sell the house and is asking the rest of us to pay him to take his name off the deed. can he do that legally? and can he sell without our consent legally? and what recourse do we have to get our names on the deed.
i would like to keep the home in the family name, fix it up and live in it, as no other famy member wants to do anything to fix it up. my brother may try to do a tenants-in-common instead of a quitclaim deed. first can he legally (or should he) do a quitclaim deed just because he is the only name on the warranty deed?
also i already own a house in another state but plan to move to the house my father left. if my brother can legally quitclaim the deed to me, could i apply for a home equity loan on my father house while i am selling my house i am currently living in while i am still employed with an income because i may not have the same amount of income coming in when i move to my father house.
i hope this isn't too long.
thank you
Hi,
"Meanwhile my brother's name is still on the warranty deed and he decides he (alone) wants to sell the house and is asking the rest of us to pay him to take his name off the deed. Can he do that legally? and can he sell without our consent legally? and what recourse do we have to get our names on the deed."
Who is listed on the title to the house? Is your brother the only person who is listed on the title? If he is, then he is the sole owner of the property and has the legal right to sell the home. But I'm not sure why he wants his name to be removed from the title? When he sells the house, his name would be removed from the property deed. Why is he asking you to pay him to take his name off the deed?
You can purchase the home from your brother, provided he wants to sell it to you. He can quitclaim the property to you if his name is on the title. Once you have the title in your name, you can get a home equity loan against the house, provided you meet the eligibility criteria for the loan.
"Meanwhile my brother's name is still on the warranty deed and he decides he (alone) wants to sell the house and is asking the rest of us to pay him to take his name off the deed. Can he do that legally? and can he sell without our consent legally? and what recourse do we have to get our names on the deed."
Who is listed on the title to the house? Is your brother the only person who is listed on the title? If he is, then he is the sole owner of the property and has the legal right to sell the home. But I'm not sure why he wants his name to be removed from the title? When he sells the house, his name would be removed from the property deed. Why is he asking you to pay him to take his name off the deed?
You can purchase the home from your brother, provided he wants to sell it to you. He can quitclaim the property to you if his name is on the title. Once you have the title in your name, you can get a home equity loan against the house, provided you meet the eligibility criteria for the loan.
Hi Savior70, thank you for responding so quickly. In answer to your questions:
Who is listed on the title to the house?
First, is the title the same as the deed or is it the property tax record? Yes, my brother is the only name on the property tax record statement. My brother TOOK ownership AFTER my father died and just signed his name on the deed as owner only because he was the executor of the estate; he did not tell any of us as heirs; as I recall we had to sign a legal paper to give him authority to be our spokesman for another matter (it was some money left from my father's asbestos settlement) but it had nothing to do with the house.
Why he wants his name to be removed from the title?
He does NOT want it removed but asking us to pay him to take his name off the deed. He wants to sell it instead of keeping it in the family. The rest of us DO NOT want to sell.
My question is: Was it legal for him to just sign his name on the deed as owner just because he was the executor of my father's estate before he passed? By the way he signed the deed several months after my father died.
To make matters worst he had one of my sisters live in the house to claim home exemption and the rest of are paying all the bills including the property taxes. He is not paying for anything and says he could just sell it but it has been 5 years since my father died.
Can we legally get his name off the deed?
Thanks for your help
Who is listed on the title to the house?
First, is the title the same as the deed or is it the property tax record? Yes, my brother is the only name on the property tax record statement. My brother TOOK ownership AFTER my father died and just signed his name on the deed as owner only because he was the executor of the estate; he did not tell any of us as heirs; as I recall we had to sign a legal paper to give him authority to be our spokesman for another matter (it was some money left from my father's asbestos settlement) but it had nothing to do with the house.
Why he wants his name to be removed from the title?
He does NOT want it removed but asking us to pay him to take his name off the deed. He wants to sell it instead of keeping it in the family. The rest of us DO NOT want to sell.
My question is: Was it legal for him to just sign his name on the deed as owner just because he was the executor of my father's estate before he passed? By the way he signed the deed several months after my father died.
To make matters worst he had one of my sisters live in the house to claim home exemption and the rest of are paying all the bills including the property taxes. He is not paying for anything and says he could just sell it but it has been 5 years since my father died.
Can we legally get his name off the deed?
Thanks for your help
Sorry I forgot to sign in above
Hi onethe,
You won't be able to remove your brother's name from the property. He will have to sign a quit claim deed in your favor and give you the ownership rights to the property. You can ask him to sign the deed in your favor and offer him a sum of money for the same. Once you buy him out, you would become the owner of the property. Thus, you would be able to save the property from getting sold off.
Take care.
You won't be able to remove your brother's name from the property. He will have to sign a quit claim deed in your favor and give you the ownership rights to the property. You can ask him to sign the deed in your favor and offer him a sum of money for the same. Once you buy him out, you would become the owner of the property. Thus, you would be able to save the property from getting sold off.
Take care.
Sara, thank you for responding. You are so right about doing a quit claim deed...someone else suggested that too; I think that would work out just right.