Posted on: 18th Oct, 2007 10:43 am
HI,
I'm a co-owner of a house with my brother and sister in law. They both are having problems and they will probably get a divorce. She has not been paying her part of the mortgage that we have agreed on. She just took off for the past month coming and going when she wants. She doesn't seem to care what happens to the house saying it's my family's. If that is the case, how do I get her sign over the claim to me and my brother? Do I use a quick claim deed or something else? Would I need a lawyer for this?
I'm a co-owner of a house with my brother and sister in law. They both are having problems and they will probably get a divorce. She has not been paying her part of the mortgage that we have agreed on. She just took off for the past month coming and going when she wants. She doesn't seem to care what happens to the house saying it's my family's. If that is the case, how do I get her sign over the claim to me and my brother? Do I use a quick claim deed or something else? Would I need a lawyer for this?
Sha,
You can use a quitclaim deed to get your sister-in-law sign over the property to you and your brother. You need an attorney to draft the deed as per your requirements and also to check if it is approved by your state laws. But do keep in mind that the quitclaim will only transfer the property to ou and not the loan. I mean if your sister-in-law's name is on the loan, then she should pay her part of it. And, if your brother-in-law is also on the loan, then it's better to get the loan refinanced in his name.
You can use a quitclaim deed to get your sister-in-law sign over the property to you and your brother. You need an attorney to draft the deed as per your requirements and also to check if it is approved by your state laws. But do keep in mind that the quitclaim will only transfer the property to ou and not the loan. I mean if your sister-in-law's name is on the loan, then she should pay her part of it. And, if your brother-in-law is also on the loan, then it's better to get the loan refinanced in his name.
my husband of two years and i filed divorce papers and then decided to give the marriage another try; the final papers were not filed. this was one year ago. approx. 3 months ago, we moved him back in after he agreed to sign a quit claim deed. now he refuses to file, stating he has to look after his interests. i have owned the house since 1989 and had my first husband sign a quit claim when i bought this house, financed with an inheritance. now what do i do? if my current husband and i divorce, does he have any legal rights to my house? should i file divorce papers to protect myself? thank you in advance.
Welcome KathyBoon,
If your current husband's name remains on the property deed, then he will have ownership rights on the property. In case of divorce, he can claim the ownership.
If your current husband's name remains on the property deed, then he will have ownership rights on the property. In case of divorce, he can claim the ownership.
My husband is not, nor has never been on the property deed. I own the property as a sole and separate woman, have since the beginning. We live in California, tho, where everything is community property. Ideas?
Hi Kathy!
Welcome to forums!
If you owned the property prior to your marriage, then your husband won't be able to claim any community property interest in that property. However, if you purchased the property after marriage, then he can claim community property interest in that property.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If you owned the property prior to your marriage, then your husband won't be able to claim any community property interest in that property. However, if you purchased the property after marriage, then he can claim community property interest in that property.
Feel free to ask if you've further queries.
Sussane
Thank you, Adonis and Sussane, for your replies. I do apologize for not replying earlier; my computer crashed and is now limping along...thanks again:)
Kathy
Kathy
You're welcome, KathyK!! :) Take care...