Legal Question in Real Estate Law in Connecticut
Quit claiming a person off deed
In 1985 I and my son-in-law purchased a home together, shortly after the closing my daughter and son-in-law divorced (6 Months). In the short time they lived there they did not contribute any money toward the mortgage. Some 21 years have passed and I am taking a home equity loan out, which has been approved, however the bank that currently holds the mortgage, the same I am taking the equity loan is requesting my ex son-in-law's signature. I have since contacted him and asked him to sign a Quit Claim Deed, he first agreed, then questioned his legal right or not to the property in question. In the 21 years I have owned the house, I have been the only person to pay the mortgage, this is a 2 family house, and there have been no renters, I have improved the house in the amout of 25,000.00
(siding, roof,windows,etc.). I have all the cancelled checks payable to the mortgage holder for the 21 years.
In light of his abandonment of the property, no financial support of the property, does he have any legal right to the property? Thank you
1 Answer from Attorneys
Re: Quit claiming a person off deed
He has a legal right, but probably does not have an equitable one. In the absence of an agreement with him, you would have to commence a partition action, which could result in the property being sold. Without knowing more facts, it is not possible to rule out that he would not be entitled to a portion of hte proceeds, but that seems unlikely. You might be better off paying him a few dollars to go away.
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