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What are our rights?

Posted on: 25th Oct, 2009 02:33 am
my mother passed away in feb of this year but before she passed me & my brother got a "quit claim deed" with his & my name on it. well comes to find out that my mother was still married to my father & now he owns rights to her house although he has never, ever paid property taxes on the home & has been missing in action 4 yrs prior to her passing. now he's trying to sell the house but my brother & i are not ready to sell. what are our rights legally as far as holding on to the property?
Hi rwest816,

Your & your brothers name mentioned on deed that menas you have ownership of this property.Your father can't sell this house without your & your brothers agreement.

If he mentioned on deed,He can sell his share of property.

Thanks.
gunz.
ijjistaff
Posted on: 25th Oct, 2009 05:38 am
gunz is right. how can one sell without owning propery?

do not sign any paper. consult an attorney
Posted on: 25th Oct, 2009 07:13 pm
Hi rwest,

If your father's name is not on the property deed, then he will not be able to claim any legal rights over the property. In that case, you and your brother would be considered as the legal owners of the property and will be able to retain it. However, if it's a community property state, then your father can claim legal rights on that property.
Posted on: 25th Oct, 2009 10:01 pm
My husband is ill and we need to move back where his doctors are...the bank said they will send us a deed in lieu application....Do they usually buy this back from us..thanks.
Posted on: 26th Oct, 2009 06:12 pm
Hi linda,

A query similar to yours has been answered in the given page:
http://www.mortgagefit.com/problems/dil-rights.html

Take a look at it. I hope it will help you.

Thanks
Posted on: 26th Oct, 2009 11:07 pm
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