Legal Question in Real Estate Law in Florida
regarding quit claim deeds
Hi! My problem is my mother and step father helped my husband and I purchase a home 7 years ago. Since then my mother has passed away and we took her name off the house and did a quit claim deed to add my husband and I. Now the house is in my step fathers name and my husband and I's name. When we originally purchased the home my husband and I paid for everything. From the closing costs to every mortgage payment made in the past 7 years. If my step father were to try to sell the house would he be able to without our signatures? I would also like to think that if the house were ever sold that all the proceeds would come to my husband and I. Please help me sort this out and ease my mind.
Thank you so very much!!!
--name removed--Rodriguez
3 Answers from Attorneys
Re: regarding quit claim deeds
Although your step father cannot sell the entire
property, he can sell his interest. Worst yet his
interest in the property could end up going to someone
else like a judgment creditor for example. The issues
dealing with multiple people owning real estate can
become quite complex. I strongly suggest you seek
the advice of an attorney.
Re: regarding quit claim deeds
If your stepfather were to try to sell the house without your signatures, he would be unsuccessful. All parties in title must execute the Deed in order to transfer the title.
I would suggest that you approach your stepfather and attempt to arrange for him to execute a Quit Claim Deed in your favor. If he will not and you have actually paid all of the costs as your said in your question, you may be able to file suit to quiet title in your name. As in any serious legal matter, I strongly suggest that you consult a competent real estate attorney who can advise you more fully.
Scott R. Jay, Esq. 305-249-8000
Re: regarding quit claim deeds
Your step father cannot sell the home without having the deed signed by you and your husband. But, he may be able to convey his limited interest (not yours) in the property. However, generally, a buyer is not interested in acquiring a small and disputed slice of an interest in real property.
Try and have your step father execute a quit claim deed as grantor to you and your husband as grantee. If he refuses, seek the advice of a real estate litigator regarding a suit to quiet title. Good luck.