Legal Question in Real Estate Law in Arizona
Joint Tenancy Deed
I'm on a joint tenancy deed with my mother for a home in Yavapai county, since 1990. My father signed a disclaimer deed on the same property at the same time. She wants me to sign a quit claim deed so she can sell the house. She intends to keep all of the proceeds. I told her no and she said there will be no sale with my name still on the deed. Do I have any rights here? I would like part of the proceeds to establish college funds for my two sons (her grandsons)or to keep the home for a vacation home or rental. I have not contributed financally, but it was my understanding that the home would be mine when she passed away (which will never happen). She is upset with me over a personal issue that has nothing to do with her and it trying to use this as ''punishment''.
2 Answers from Attorneys
Re: Joint Tenancy Deed
If you are on the deed, it is half yours. However, at the time of the sale, if your mother seeks reimbursement for part of the costs and you could seek reimbursement for the rent she hasn't paid. Usually the parties call it even.
Re: Joint Tenancy Deed
It looks like the only way to force your signature would be for your mother to file a lawsuit in the court to claim that there was no intent for you to own the property, only for an inheritance. If she does, you will have to defend the lawsuit. She cannnot sell without your signature.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
