Posted on: 03rd Mar, 2009 10:06 pm
My dad put my younger brother on his deed for his home during a diviorce, my brother is in bad finanicial shape and is holding my dad hostage on the property, my dad wants to refianance the property to reduce his debt, my brother will not let him because he said he is on the deed and is half owner, The problem is the deed was drawn up and noterised by a family member of my brothers wife, i feel my dad was taken into this agreement under stress of the devorce and that my brother knew this. My dad wants to know if he can give or will me his part in the property?
Hi joscrt,
He can quitclaim his share in the property to you. But I think the property needs to be partitioned before he can transfer it to you. He needs to file a partition lawsuit, which is governed by the chapter 64 of the Florida statutes, with the court so the property is divided among him and your brother. You can also reverse the deed if you can prove that your father signed the deed under pressure or under false pretece. But to prove that will not be too easy.
He can quitclaim his share in the property to you. But I think the property needs to be partitioned before he can transfer it to you. He needs to file a partition lawsuit, which is governed by the chapter 64 of the Florida statutes, with the court so the property is divided among him and your brother. You can also reverse the deed if you can prove that your father signed the deed under pressure or under false pretece. But to prove that will not be too easy.