Posted on: 29th Feb, 2008 10:03 pm
my mother passed away intestate several years ago. at the time of her death, she had divorced my father and remarried. she received a house in the divorce settlement. while married to my step father, they purchased a second home at a nearby lake.
following my mother's passing, my step father refused to recognize my brother, sister, and myself as heirs to her estate. long story short, after a couple of years of legal wrangling we succeeded in getting the probate court to recognize us as legal heirs along with our step father. the judgment of heirship specified share and interest of each of the parties. my mother's house became subject to life estate. the judgment also gave us partial interest in the "lake" house as well as other community and separate property.
several attempts on our part were made to negotiate a settlement, however, my step father refused to negotiate and after several years it has become apparent our legal fees will far out-weight the value of the estate we would receive. the process has been in limbo for more than three years. we would like to walk away, but we would prefer not to deed our interests to our step father. thus the question, can we use a quit claim deed to transfer our interest in the real property to a city, county, housing authority, or perhaps a charity?
the location is texas
following my mother's passing, my step father refused to recognize my brother, sister, and myself as heirs to her estate. long story short, after a couple of years of legal wrangling we succeeded in getting the probate court to recognize us as legal heirs along with our step father. the judgment of heirship specified share and interest of each of the parties. my mother's house became subject to life estate. the judgment also gave us partial interest in the "lake" house as well as other community and separate property.
several attempts on our part were made to negotiate a settlement, however, my step father refused to negotiate and after several years it has become apparent our legal fees will far out-weight the value of the estate we would receive. the process has been in limbo for more than three years. we would like to walk away, but we would prefer not to deed our interests to our step father. thus the question, can we use a quit claim deed to transfer our interest in the real property to a city, county, housing authority, or perhaps a charity?
the location is texas
Welcome tka,
I suppose you don't want your step-father to get an interest in the property you have received? and that's the reason you wish to transfer the property to the city, housing authority etc? but don't you want to keep the home for yourself. You can buyout the step-father and keep the home for yourself. What's your thought?
I suppose you don't want your step-father to get an interest in the property you have received? and that's the reason you wish to transfer the property to the city, housing authority etc? but don't you want to keep the home for yourself. You can buyout the step-father and keep the home for yourself. What's your thought?
Hi tka,
Welcome to the forum.
You can surely quitclaim your share of the property to anyone you want. But I think you should file a partition lawsuit against your father. Thus the property will be sold and the proceeds will be distributed accordingly.
If you want to know more about Partition Lawsuit check out this community discussion at http://www.mortgagefit.com/know-how/removecoborrower.html
Hope this will help you.
Feel free to ask if you have any further questions.
Best of luck,
Larry
Welcome to the forum.
You can surely quitclaim your share of the property to anyone you want. But I think you should file a partition lawsuit against your father. Thus the property will be sold and the proceeds will be distributed accordingly.
If you want to know more about Partition Lawsuit check out this community discussion at http://www.mortgagefit.com/know-how/removecoborrower.html
Hope this will help you.
Feel free to ask if you have any further questions.
Best of luck,
Larry