Legal Question in Real Estate Law in Indiana
Quitclaim Deeds
My Boyfriend and I have lived together for 8 years. Over that time we bought 2 houses. 2 years ago he quitclaimed both houses to me only. Both Mortgages are in his name only. Now he wants to split up and me move. He says he has hired an attorney and that I will definately have to move 05/11/04. How can this be true? Will a quitclaim deed stand up in court. They were filed in the clerks office. So I am sure they are legal. I am a single mother of 2 and I cannot afford to hire an attorney. What if my credit isn`t good enough to assume the loans. One house I rent out, and the other we live in. Please help me with any advice you may have. I feel confident that I own both houses, and that he cannot force my children and I to move, but now since he said that, I WILL have to move, he sounded pretty confident. Please put my mind at ease, and hopefully what I am thinking is right. Thank You Lori
1 Answer from Attorneys
Re: Quitclaim Deeds
If your boyfriend quitclaimed the property to you, then you own all his interest in the property and he owns no interest. I doubt he has actually consulted an attorney about this. Certainly no attorney would advise him that you would have to leave by May 11. He may have an equitable interest in the properties (for instance, say he quitclaimed the property to you in trust for him; but if he did it so he could trick some creditors, an ex-wife or law enforcement, then he would not be entitled to equitable remedies), but he will have to file a complaint and convince a judge. This would take several months, at least. And you would be entitled to present a defense, for which you would be a fool not to have an attorney. If he ever files a court case, make sure you respond; file copies of your deeds with the court, appear and explain.
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