Posted on: 31st Oct, 2007 05:13 pm
My husband served me with divorce papers after 21 years of marriage. My father -in-law Quit claimed the house to me and my husband. Now my father -in-law wants to sell the house. Can he do so without our say so? Can I put the house in my name?
Hi,
If the quit claim was recorded then it is valid and according to that you and your husband are the owners of the house. In that case, your father-in-law cannot sell the house without your consent.
If you want to get the entire property in your name, your husband has to sign a quit claim transferring his share to you or he may also sign an interspousal transfer deed.
If the quit claim was recorded then it is valid and according to that you and your husband are the owners of the house. In that case, your father-in-law cannot sell the house without your consent.
If you want to get the entire property in your name, your husband has to sign a quit claim transferring his share to you or he may also sign an interspousal transfer deed.
Hi Kim,
If your father-in-law has signed a quitclaim deed and transferred the property to your name and your husband’s name, then he cannot sell the property.
If your husband sign a quitclaim deed and transfer the property to your name, then you will own the property.
Wishing you best of luck,
Larry
If your father-in-law has signed a quitclaim deed and transferred the property to your name and your husband’s name, then he cannot sell the property.
If your husband sign a quitclaim deed and transfer the property to your name, then you will own the property.
Wishing you best of luck,
Larry
I just did a quitclaim for property to my mother and father, once I signed the paperwork and did the transfer, we registered it at the courthouse and that was it, it is theirs now and forever. Unless they decide to will it back to me. Quit deeds are quick, and less costly if you know that there are no leins and the property is free of any other judgements. I do these among family members.
yes jbarto, quitclaims are done mostly among family members an people you know. Here's no guarantee that the person quitclaiming property interest is the legal owner, hence to avoid complexities, family people are involved in this.
thanks Jerry
it is possible to get a quit claim deed, on a house with a reverse mortgage?
I am facing foreclosure on my house in Maryland and own raw land outright in North Carolina. Is there anything I can do to protect that property from leins.
Hi Kenny!
Welcome to forums!
As you are already facing a foreclosure, if you transfer the land to someone else, it will be considered a fraudulent transfer. The lender may penalize you if he finds that you have transferred the property to someone else in order to save it from liens.
Moreover you should also remember, if you can pay off the deficient amount resulting from the foreclosure sale, then liens will not be placed on the land. So in order to save the land from liens, you should better pay off the deficient amount to the lender.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
As you are already facing a foreclosure, if you transfer the land to someone else, it will be considered a fraudulent transfer. The lender may penalize you if he finds that you have transferred the property to someone else in order to save it from liens.
Moreover you should also remember, if you can pay off the deficient amount resulting from the foreclosure sale, then liens will not be placed on the land. So in order to save the land from liens, you should better pay off the deficient amount to the lender.
Feel free to ask if you have further queries.
Sussane