Posted on: 19th Nov, 2007 01:00 am
Me and my boyfriend bought a home and land together and we made a quick claim deed up together the yr before he died with cancer. Now his addopted daughter wants to take the land and home from me. I`m 66 yrs old and have no family or place to go. What can i do? Can she do this?
I don't think the daughter can take away your boyfriends' interest in property. legally this is not correct.
Hello Maryann,
Is your boyfriend on the title along with you?
In that case, his daughter may file an affidavit of heirship and claim the share of her father's property.
If you are on the deed, then you too have your rights on the property.
Does the deed have rights of survivorship stated in it?
In that case, the property will automatically pass over to you after your boyfriend has passed away.
Is your boyfriend on the title along with you?
In that case, his daughter may file an affidavit of heirship and claim the share of her father's property.
If you are on the deed, then you too have your rights on the property.
Does the deed have rights of survivorship stated in it?
In that case, the property will automatically pass over to you after your boyfriend has passed away.
Hi Maryann,
Welcome in this forum.
Are you saying that you and your boyfriend quitclaimed the property to his adopted daughter?
If so are you holding a life estate on the quitclaim?
Now if you have quitclaimed and have no life estate on it then she can take the home from you. But if you have life estate, then she cannot take the home from you until your death.
Best of luck,
Larry
Welcome in this forum.
Are you saying that you and your boyfriend quitclaimed the property to his adopted daughter?
If so are you holding a life estate on the quitclaim?
Now if you have quitclaimed and have no life estate on it then she can take the home from you. But if you have life estate, then she cannot take the home from you until your death.
Best of luck,
Larry
you said that you guys drawn up a quitclaim deed. Who was it for.
The way this stands is as follows:
If you both were on the title and it had right of survivorship the property is yours and yours alone no one can have claim to it.
If you were both on the title and were tennants in common (meaning each own their half) then his daughter is eligible to get half ownership of the property through his will or heirship. In this case she still cant kick you out or sell without your say. So hopefully you can come to an arrangement.
If he was the one that was quitclaimed off the title then you are the sole owner of the property and have to worry about.
If you were taken off the title then you dont have rights to tthe property and you should check if you were in his will (if he had one)
Contact your county records department to obtain a copy of the title and dont sighn anything without checking your rights first.
The way this stands is as follows:
If you both were on the title and it had right of survivorship the property is yours and yours alone no one can have claim to it.
If you were both on the title and were tennants in common (meaning each own their half) then his daughter is eligible to get half ownership of the property through his will or heirship. In this case she still cant kick you out or sell without your say. So hopefully you can come to an arrangement.
If he was the one that was quitclaimed off the title then you are the sole owner of the property and have to worry about.
If you were taken off the title then you dont have rights to tthe property and you should check if you were in his will (if he had one)
Contact your county records department to obtain a copy of the title and dont sighn anything without checking your rights first.
my brother and i brought a home together in 1999 and in 2007 i decided to move out into an apartment bcause he wasnt working for 3 years prior to me moving out i just couldnt take anymore doing everything by myself so i let him know before moving out what i was gonna do did so and now just finding out that he is 7 months behind and in foreclosure and he wants me to sign some paper for him to be able to start fresh in march of 2010 and they gonna put those 7 months in arrears so i told him i want out of the house meaning want my name off the house so now he went to take a quick claims deed out for me to sign so i they can relinquish my name off the house and be debt free without the house being on my credit so is that a long process
welcome stacy,
signing a quit claim deed will only help you in removing your name from the property deed. it will not help you in removing your name from the mortgage docs. you would still be responsible for the loan and it will affect your credit score in a negative way. you should ask your brother to apply for a loan modification in order to save the property as well as your and his credit.
signing a quit claim deed will only help you in removing your name from the property deed. it will not help you in removing your name from the mortgage docs. you would still be responsible for the loan and it will affect your credit score in a negative way. you should ask your brother to apply for a loan modification in order to save the property as well as your and his credit.