Legal Question in Real Estate Law in Kentucky
Quick claim deed with mortgage
My father added my name to property and it still has a mortgage on it. Now he wants to sell and I am refusing do I have rights? Is this legal for my name to be on the deed with the mortgage. It was a quick claim deed done over 5 years ago. The purpose was so the land did not get sold to begin with.
2 Answers from Attorneys
Re: Quick claim deed with mortgage
Your name on the deed means you have a legal interest in it. If you two can't agree and sign escrow instructions and contracts, then a lawsuit would be required for it to be sold and your respective rights determined. If you need legal counsel for that, contact me.
Re: Quick claim deed with mortgage
If the property is in Kentucky, you should re-post for a Kentucky attorney. Usually, a co-owner would have to file a petition to quiet title or for partition. The court will weigh each person's contribution to the property, the purpose of the gift, etc., to determine how to assess the property's value and whether to permit/order its sale.
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