Legal Question in Real Estate Law in Michigan

quiet title

i have been taking care of house my father owns and he has lived in mexicofor the last 20 years and is not coming back because he owes a extreme amount in child support. iwant to know i can quiet the title and put the house in my name?


Asked on 12/24/07, 12:03 am

2 Answers from Attorneys

Rebekah Tiefenbach Rebekah L. Tiefenbach Esq.

Re: quiet title

This is a very complicated question that cannot easily be answered over e-mail without additional information. Eg:, how much child support? are there any liens on the property? do you already own a home?

The short answer I would give without knowing more is no, there is no way to do what you are suggesting without committing fraud (transfering property from one person to another at less than market value to avoid the former's debt).

Depending on how much child support he owes, there may be a way to get him an abatement that might make it possible for him to pay off that debt. Even still I suspect there are other debts that may be liened against the property that won't just go away because your father lives out of the country. Even if he'd died, those debts would have to be paid first before anyone could inherit anything.

And even if there are no liens or other bad debts, the transfer could create tax ramifications for you. Bad idea.

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Answered on 12/24/07, 10:23 am
Francois Nabwangu Wright Cantrell PLLC

Re: quiet title

Why doesn't he just quit claim it to you? Note however that if the child support lien is in place and definite you may have a problem with the "Fraudulent Transfer Act..." It would be easiest just to resolve the child support lien. Is the money owed to the State if so you can negotiate it away for pennies on the dollar... contact me I can make the referral.

Yours,

Francois M. Nabwangu, Esq.

http://fnabwangu.googlepages.com

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Answered on 12/26/07, 8:49 pm


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