Posted on: 03rd Aug, 2008 12:53 pm
My uncle, who lives in Michigan, added his nephew to the title of his home back in 1987. The nephew is now causing problems for him, can my uncle quit claim the nephew off of the title or does the nephew have any legal claim to the house?
My uncle is listed as the primary owner of the home and the nephew has never paid in money into the house including for taxes, and insurance.
Thanking you in advance.
My uncle is listed as the primary owner of the home and the nephew has never paid in money into the house including for taxes, and insurance.
Thanking you in advance.
Welcome vansur,
If your uncle wishes to take his nephew's name off the title, he has to request the later to quitclaim his share of interest back to your uncle. But I doubt whether the nephew will be willing to do so.
If your uncle wishes to take his nephew's name off the title, he has to request the later to quitclaim his share of interest back to your uncle. But I doubt whether the nephew will be willing to do so.
Hi Vansuz,
Being the co-owner, your uncle's nephew has a legal claim on the property. So, yes, he can object to his name being taken off the title and it's practically impossible without his consent except that the uncle can file a partition lawsuit (approved by the state) and sell the property forcefully though the nephew may have objections. The proceeds will however be divided amongst the two.
Thanks,
Jerry
Being the co-owner, your uncle's nephew has a legal claim on the property. So, yes, he can object to his name being taken off the title and it's practically impossible without his consent except that the uncle can file a partition lawsuit (approved by the state) and sell the property forcefully though the nephew may have objections. The proceeds will however be divided amongst the two.
Thanks,
Jerry
Thank you both very much for your quick reply. I know my uncle never imagined his nephew would cause so many problems for him.
I appreciate your answers.
I appreciate your answers.
Welcome vansuz.
Agree with the above posters that as your uncle's nephew is the co-owner of the property, he has legal rights on the property and your uncle cannot remove him from the title. Only if the nephew quitclaims back to your uncle, then his name will be removed from the deed.
Agree with the above posters that as your uncle's nephew is the co-owner of the property, he has legal rights on the property and your uncle cannot remove him from the title. Only if the nephew quitclaims back to your uncle, then his name will be removed from the deed.
Thank you for your reply.
I forgot to log in...sorry about that.
Thank you for your reply Niicss!
Thank you for your reply Niicss!