Legal Question in Real Estate Law in Minnesota

Quit Claim Deeds

Hi,

Question: My brother spent some time in prison for growing pot. 8.5 years to be exact. Before he was incarcerated he ''Quit Deeded'' his home over to our sister. That was about 12 years ago. My brother has been out for about 4 or 5 years now and she won't give him back his house. She lived there for 8.5 years rent free. He has been maintaining the taxes...

My sister has a gambling problem and has taken out a large mortage on the home. Can she do that without his permission?? When he went to jail there was a 5,000.00 mortage left on the house and now I think there is about 80,000.00 she gambled away.

How can he get his home back....The home is located in MN.

My brother is a great guy and made a mistake, but this is not fair. He is 54 and wants to build a new house on his property and can't because of this problem..

Thanks for any help...

Steve in MI.


Asked on 9/15/06, 9:55 am

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Quit Claim Deeds

When your brother signed the quit claim deed, he signed away any ownership interest he had in the property to your sister. Therefore, she is free to mortgage or sell the house or do whatever she wants with the property, and she does not have to give your brother a dime. If, however, she obtained the quit claim deed by fraudulent means, that is an issue that should be reviewed by an attorney.

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Answered on 9/15/06, 3:26 pm


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