Posted on: 10th Feb, 2009 04:07 pm
I really need some help here :cry: My step grandmother gifted her old house trailer to me back 7 years ago. I drew up the quitclaim bill of sale myself, noting that she gifted the trailer to me (her step granddaughter) and to my ex fiance (just using his name). I know my grandmother intended this trailer to be in our family and was under the assumtion we would be married and that is wy it had both names on it. We split last year without ever being married. Besides a vehicle and personal belongings he has already taken from me he now refuses to sign over his interest in the trailer to me or my son. The trailer is in very bad shape and needs work immediately if I am able to spend the summer there with my child as I have done for the past 6 years. He has refused to pay the lot rent of $242 a month and any utility bills. He left the trailer in July removing all of his personal possesions. Since then I have paid over $2500 in lot fees to avoid the trailer ebing evicted.
I filed a no tresspass order on him for the lot and filed it with the park and the town. He now says it is not valid and he can go there, is this true?
What can I do to get his name off of this trailer?
There is NO deed, and I never registered the quitclaim with any state offices.
The bills for the lot rent only have my name on them now.
What can I do?????
I filed a no tresspass order on him for the lot and filed it with the park and the town. He now says it is not valid and he can go there, is this true?
What can I do to get his name off of this trailer?
There is NO deed, and I never registered the quitclaim with any state offices.
The bills for the lot rent only have my name on them now.
What can I do?????
Hi trailerparkmom,
If you had filed a No Trespass order on him, he has no right to enter the premises again. If he does, You can give him another warning or simply contact police to officially arrest him.
Signing a quitclaim deed is far easier than reversing it. Thus once your partner has been added to the title, it is not easy to take him off it unless he quitclaims it back to you. However, if you can prove that the deed was signed under false pretence or pressure, you can reverse the deed. You've also mentioned there's no deed and you never recorded it with any state office. Was the deed signed and stamped by a notary? If not then the deed is invalid and I don't think he's got anything that can prove his right to the property.
If you had filed a No Trespass order on him, he has no right to enter the premises again. If he does, You can give him another warning or simply contact police to officially arrest him.
Signing a quitclaim deed is far easier than reversing it. Thus once your partner has been added to the title, it is not easy to take him off it unless he quitclaims it back to you. However, if you can prove that the deed was signed under false pretence or pressure, you can reverse the deed. You've also mentioned there's no deed and you never recorded it with any state office. Was the deed signed and stamped by a notary? If not then the deed is invalid and I don't think he's got anything that can prove his right to the property.
Thank you! I spoke with the police station today and they said if I called on him and he has a copy of the deed then I may not have the right to keep him out?
We did have the deed notorized, but my grandmother, stepmother and myself signed in the hospital - then I had my ex sign it at home - then I took it to see a friend that notorized it for me.
My main concern is keeping him away until we get this straigtened out and I need to do some major repairs to the floors and walls. My lawyer is saying it will cost at least $5000 to take him to court. It just seems so crazy and almost getting hopeless. This place means so much to me and my son, we have spent every summer there for the past 7 years.
We did have the deed notorized, but my grandmother, stepmother and myself signed in the hospital - then I had my ex sign it at home - then I took it to see a friend that notorized it for me.
My main concern is keeping him away until we get this straigtened out and I need to do some major repairs to the floors and walls. My lawyer is saying it will cost at least $5000 to take him to court. It just seems so crazy and almost getting hopeless. This place means so much to me and my son, we have spent every summer there for the past 7 years.
Hi trailerparkmom,
What the police said does have a point. As long as he's on the deed, he has a right to the property and so, you can't keep him away from it. In this situation I think the only option is to prove the deed invalid. You can talk to your friend who notarized the deed because to prove the deed illegal his/her statement would be crucial. I don't see any other option apart from this which can help you get rid of him.
What the police said does have a point. As long as he's on the deed, he has a right to the property and so, you can't keep him away from it. In this situation I think the only option is to prove the deed invalid. You can talk to your friend who notarized the deed because to prove the deed illegal his/her statement would be crucial. I don't see any other option apart from this which can help you get rid of him.
Do you think it would be possible to quitclaim the trailer from my stepmother now who was the original signer as power of attorney? What if we created a new quitclaim deed from her to me and my son only and we have it notorized. Wouldn't that leave him with the burden to prove his old deed was valid? At last to show the police he has no right on the property?
Hi trailerparkmom,
I don't quite think your step mother can now sing another quitclaim to hand over the property to you only because once the quitclaim deed was signed by your step grand mother, the ownership of the property changed. She gave up all her rights through quitclaim and she is no longer the owner of the house and thus has no right to quitclaim.
However, if you can prove that your step grandmother signed the deed under false pretense or she was threatened to do so, the deed can be proved invalid. However, to prove that won't be easy.
I don't quite think your step mother can now sing another quitclaim to hand over the property to you only because once the quitclaim deed was signed by your step grand mother, the ownership of the property changed. She gave up all her rights through quitclaim and she is no longer the owner of the house and thus has no right to quitclaim.
However, if you can prove that your step grandmother signed the deed under false pretense or she was threatened to do so, the deed can be proved invalid. However, to prove that won't be easy.