Legal Question in Real Estate Law in Michigan
Can transfer of interest in property be made without notification and consent
Many years ago my father executed a quit claim deed naming his 4 children (all grown) and his new wife ''as joint tenants with full rights of survivorship'' in his home. Can this property now be either
placed into a trust or sold without notification to and signatures from all people named in the quit claim deed? What would happen if the property were sold under terms of a private contract, with the buyers either knowing or not of those named in this quit claim deed, and all those named in the quit claim deed were not made party to the contract? Who risks damages, and what could they be? Who carries liabilities, and what could they be?
1 Answer from Attorneys
Re: Can transfer of interest in property be made without notification and consen
To Whom It May Concern:
This is in response to your email of September 18, 2001, which this office received on November 5, 2001.
The property may not be be placed in a trust or sold without notification. If the property were sold under a private contract, the contract would be voidable. The amount of damages, who would be responsible, who carries the liabilities and the amount would depend on the facts.
If you have any further questions, please feel free to contact me at (313) 561-5700.
Sincerely,
Nichols & Eberth, P.C.
By: Robert J. Stelmock
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