Posted on: 27th Aug, 2007 10:19 pm
hi
i am a married woman. we bought a house, deed is recorded under joint tenancy. i found out two weeks ago, that, my husband had a quitclaim deed(he prepared the quit claim deed) to his and his brother's name, my husband is a grantor, and him and his brothr both are grantee. he did all this without my knowledge. i found out all this, by charge card statment(he charged recording fee on credit card). i don't get along with his brother. he is doing all this by pressure from his family. in this situation what would happend if my husband passed away? how the ownership of my house will transfered? how this quit claim will effect my ownership? what kind of problem will arise because of this quit claim deed?
thank you very much. i appreciated answer from you.
i am a married woman. we bought a house, deed is recorded under joint tenancy. i found out two weeks ago, that, my husband had a quitclaim deed(he prepared the quit claim deed) to his and his brother's name, my husband is a grantor, and him and his brothr both are grantee. he did all this without my knowledge. i found out all this, by charge card statment(he charged recording fee on credit card). i don't get along with his brother. he is doing all this by pressure from his family. in this situation what would happend if my husband passed away? how the ownership of my house will transfered? how this quit claim will effect my ownership? what kind of problem will arise because of this quit claim deed?
thank you very much. i appreciated answer from you.
Hi Tiger,
Welcome to the forum.
Though you are in joint tenancy, yet your husband can quitclaim his share of the property to his brother. For that he doesn't have to take your permission.
Now, if your husband passes away, you will be getting your share of the property as mentioned under the joint tenancy. You will not get anything from his share after the property is quitclaimed to his brother.
Welcome to the forum.
Though you are in joint tenancy, yet your husband can quitclaim his share of the property to his brother. For that he doesn't have to take your permission.
Now, if your husband passes away, you will be getting your share of the property as mentioned under the joint tenancy. You will not get anything from his share after the property is quitclaimed to his brother.
Hi Tiger,
If a couple wish to add another person to the title of a property, the quitclaim deed will required to be sign by all three of them. Only after signing the deed, all three of them would be an individual joint tenant to the deed.
Your husband has added his brother to the property by the quitclaim deed without your concern. When you are a joint tenant to the deed, then without your signature, the deed may not be a valid one. If you do not get along with his brother, then being a joint tenant you have every right to complain about this to a state attorney general. He may be able to guide you further.
If a couple wish to add another person to the title of a property, the quitclaim deed will required to be sign by all three of them. Only after signing the deed, all three of them would be an individual joint tenant to the deed.
Your husband has added his brother to the property by the quitclaim deed without your concern. When you are a joint tenant to the deed, then without your signature, the deed may not be a valid one. If you do not get along with his brother, then being a joint tenant you have every right to complain about this to a state attorney general. He may be able to guide you further.
Hi Tiger,
Welcome to Mortgagefit discussion board.
"I am a married woman. We bought a house, deed is recorded under joint tenancy. I found out two weeks ago, that, my husband had a quitclaim deed(he prepared the quit claim deed) to his and his brother's name, My husband is a grantor, and him and his brothr both are grantee. He did all this without my knowledge."
He can quit claim his share of interest in the house to anyone. But it will not affect your share in the house.
"In this situation what would happend if my husband passed away? How the ownership of my house will transfered? How this quit claim will effect my ownership? "
As you are part owner of the house, even after your husband's demise you will retain your share in the house, it will not be affected in any way. After his demise his part of ownership will get transferred as per instructions in his will.
You can read more about what happens when a joint tenant quit claims his interest in property to someone else from this following page: http://en.wikipedia.org/wiki/Concurrent_estate#Breaking_a_JTWROS
Do let me know if you have any other questions.
Thanks
Blue
Welcome to Mortgagefit discussion board.
"I am a married woman. We bought a house, deed is recorded under joint tenancy. I found out two weeks ago, that, my husband had a quitclaim deed(he prepared the quit claim deed) to his and his brother's name, My husband is a grantor, and him and his brothr both are grantee. He did all this without my knowledge."
He can quit claim his share of interest in the house to anyone. But it will not affect your share in the house.
"In this situation what would happend if my husband passed away? How the ownership of my house will transfered? How this quit claim will effect my ownership? "
As you are part owner of the house, even after your husband's demise you will retain your share in the house, it will not be affected in any way. After his demise his part of ownership will get transferred as per instructions in his will.
You can read more about what happens when a joint tenant quit claims his interest in property to someone else from this following page: http://en.wikipedia.org/wiki/Concurrent_estate#Breaking_a_JTWROS
Do let me know if you have any other questions.
Thanks
Blue
Hi
Please explain me following, whether this is a sole or joint ownership?
This is a recorded document I am talking about. On warranty deed it said
Joe Smith married to Jill smith, 1234 xyz street, Belmont IL 60660 not in Tenancy in common but in Joint Tenancy the following described Real estate property. Wife did not sign any quit claim deed.
what confused me about, because there is no and word between husbannd's and wife's name, and still it said on next line joint tenancy. what is the legal problem?
Please explain me following, whether this is a sole or joint ownership?
This is a recorded document I am talking about. On warranty deed it said
Joe Smith married to Jill smith, 1234 xyz street, Belmont IL 60660 not in Tenancy in common but in Joint Tenancy the following described Real estate property. Wife did not sign any quit claim deed.
what confused me about, because there is no and word between husbannd's and wife's name, and still it said on next line joint tenancy. what is the legal problem?
Well Tiger the deed does say that property is held in joint tenancy:
"On warranty deed it said
Joe Smith married to Jill smith, 1234 xyz street, Belmont IL 60660 not in Tenancy in common but in Joint Tenancy the following described Real estate property."
I don't know why you are confused about it.
Thanks
Blue
"On warranty deed it said
Joe Smith married to Jill smith, 1234 xyz street, Belmont IL 60660 not in Tenancy in common but in Joint Tenancy the following described Real estate property."
I don't know why you are confused about it.
Thanks
Blue
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State laws vary. Typically, when a joint tenant transfers the tenant's property interest, the joint tenancy is broken and it becomes a tenancy-in-common.
In that case, both tenants hold an undivided 1/2 interest in the property.
In your case, you, your husband, and his brother are all tenants in common.
As to the "contingent remainder", I don't believe a separate contingent remainder interest is created by a joint tenancy. There is simply a right of survivorship of the joint tenancy interest, which vests wholly in the last remaining tenant.
In that case, both tenants hold an undivided 1/2 interest in the property.
In your case, you, your husband, and his brother are all tenants in common.
As to the "contingent remainder", I don't believe a separate contingent remainder interest is created by a joint tenancy. There is simply a right of survivorship of the joint tenancy interest, which vests wholly in the last remaining tenant.
I don't believe this is legal for them to do this without your signature if you are on title to the home. I would contact the title company to get more information regarding the transaction.