Posted on: 12th Oct, 2008 04:00 pm
someone is asking me to sign a quit claim deed re:a house my father built in 1955 and no one noticed until 2008. what are my rights? my father was a builder and house was sold 3 different times and no1 ever noticed he never signed off on the property. he has been deceased since 1964. i am his ownly heir.
Hi hergie!
Welcome to Forums!
If the house is in your father's name, then you will have the rights to the property. You can file an Affidavit of Heirship in the county recorder's office and transfer the property in your name. But if your father had sold it to anyone or he had given it to someone else through a will or quitclaimed the property to someone else, then you will have no right to the property.
Feel free to ask if you have further queries.
Sussane
Welcome to Forums!
If the house is in your father's name, then you will have the rights to the property. You can file an Affidavit of Heirship in the county recorder's office and transfer the property in your name. But if your father had sold it to anyone or he had given it to someone else through a will or quitclaimed the property to someone else, then you will have no right to the property.
Feel free to ask if you have further queries.
Sussane
Yes, I do agree with Sussane. You'd have to file an Affidavit of Heirship and remove your deceased father's name from the property-title. But what I'm concerned about is, there are co-owners on the title as the house has been sold 3 times. Have you had a talk with with them regarding removal of your father's name from the title?
If your father sold the property without signing a deed, the transfer is voidable. That means you could void the transfer and take title to the house. However, this would be unfair as the house has been sold subsequently. Thus, to be fair, you should sign the quitclaim deed which renounces any interest you have in the property.
If you don't, expect to be sued in a quiet title action. The newest owner could argue it is a bona fide third party purchaser, or maybe adverse possession. Also, the title insurance company would be involved, and I am sure their lawyers would think up other legal theories on which to base a claim against you.
If you don't, expect to be sued in a quiet title action. The newest owner could argue it is a bona fide third party purchaser, or maybe adverse possession. Also, the title insurance company would be involved, and I am sure their lawyers would think up other legal theories on which to base a claim against you.
