Posted on: 31st Mar, 2009 09:51 am
my dad is 66 and has decided he wants a reverse mortgage so he can retire. my mom is only 55 and doesn't qualify for the reverse mortgage. he wants her to sign a quit claim deed giving him the rights to the house so he can qualify for the reverse mortgage. she is worried about what happens to her rights to the house if 1. he divorces her or 2. he dies.
my understanding is that if he dies, she would have to re-finance on her own or sell the house within 6 months. i am not sure what happens if he divorces her, which unfortunatly is a possibility. would she have any rights to the house at that point? does she still get half even if the title is in his name only?
my understanding is that if he dies, she would have to re-finance on her own or sell the house within 6 months. i am not sure what happens if he divorces her, which unfortunatly is a possibility. would she have any rights to the house at that point? does she still get half even if the title is in his name only?
What state is the house in?
Only if the state has dower rights which entitles her to half of the real estate assets through marriage.
Only 3 states have this law in place still. Ohio is one. Not sure which of the others acknowledge it.
Only if the state has dower rights which entitles her to half of the real estate assets through marriage.
Only 3 states have this law in place still. Ohio is one. Not sure which of the others acknowledge it.
Washington State.
Does anyone else know if that state acknowledges Dower Rights?
I guess dower and courtesy rights were abolished in Washington in 1992.
Hi
If it's a community property, the wife should be entitled to a certain portion of the property which is 1/3 or more through the dower rights.
But this will not be applicable in case the wife signs some sort of a deed to give up her share in the property. Thus, if your mother signs the quitclaim deed, she cannot claim any interest in the property in future.
If it's a community property, the wife should be entitled to a certain portion of the property which is 1/3 or more through the dower rights.
But this will not be applicable in case the wife signs some sort of a deed to give up her share in the property. Thus, if your mother signs the quitclaim deed, she cannot claim any interest in the property in future.
Quit claim property to husband so that he could qualify for a revresible mortgage to look for a cancer cure, he did not make it and died, how can I get my property back since his sons from a previous marriage wants to take possession of my property which was all mine in the beginning
Hi Maria,
I hope your husband has left a will. If he has mentioned you as the heir to his property, then his sons from the prior marriage will not be able to claim the property.
I hope your husband has left a will. If he has mentioned you as the heir to his property, then his sons from the prior marriage will not be able to claim the property.