Posted on: 13th Mar, 2009 08:50 pm
My parents are separated (not legally) and live in different states. It was not an amicable separation. My mother's home in GA has no mortgage or liens. My father (age 85) is trying to pressure my mother (age 75) to sign a quitclaim deed because he says he wants to be sure that I don't inherit my mother's home but insists that he would not register the deed until after my mother's death (assuming she predeceases him). I have no interest in my mother's home but am concerned that my father might indeed register the quitclaim deed immediately upon receiving it from my mother and would demand to take possession of the property My mother could then be forced out of her home. I want to ensure that my mother keeps her home and have begged her to see a family law attorney for advice. If she does sign a quitclaim deed, is there a way to include language that would prevent my father from registering the deed until after her death?
Hi Susie,
Is your mother the only person on the title to the property? or is your father also on the deed? But in bothe the cases, he cannot force your mother to sign a quitclaim deed. That would be illegal and the deed could be reversed in future on the ground that grantor signed the deed under pressure not out of her free will.
However, if she chooses to sign the deed she can do so while retaining a life estate clause on the deed which will allow her to live on the property as long as she survives. Thus, it's good to consult your family law attorney and get a proper deed with a life estate drafted by him.
Is your mother the only person on the title to the property? or is your father also on the deed? But in bothe the cases, he cannot force your mother to sign a quitclaim deed. That would be illegal and the deed could be reversed in future on the ground that grantor signed the deed under pressure not out of her free will.
However, if she chooses to sign the deed she can do so while retaining a life estate clause on the deed which will allow her to live on the property as long as she survives. Thus, it's good to consult your family law attorney and get a proper deed with a life estate drafted by him.