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hebws11and1
Jan 2, 2009, 06:37 PM
Florida State: I was engaged to my now husband, and he became ill and was hospitalized. His daughter did a Quit claim deed along with a continuous marriage affidavit on his condo. This was done while he was in the hospital on is sick bed and she had him sign it, he not knowing what he was getting into. The reason she states if he dies she wouldn't have to go through court procedures. However, now we are married and he wants to reverse the quit claim deed and found out he couldn't unless his daughter sign it back over to him. He is afraid that she wouldn't.

My husband did a new quit claim deed with me and it has not been filed yet. He is confused as to what to do. I want to know if we can file the new Quit claim deed without her signing it back to him. The mortgage is paid off, and the title is clean.

Can we do a quiet title?

p.s. the deed was on both my husband and his deceased wife name.

ScottGem
Jan 2, 2009, 07:12 PM
As soon as he signed the quit claim, he transferred the property to you're his daughter. Its her property. She has to transfer title back to him. If she refuses, then he can try suing her, claiming she got him to sign when he was mentally incompetent.

hebws11and1
Jan 2, 2009, 07:40 PM
Thank you. I was afraid so. How do we sue, do we get a lawyer. However, my husband is afraid that it will cause a separation between him and his daughter even though he is upset with her.

My husband is concern about my welfare when he is gone. He wanted to refinance the condo and look into a new home for us and found out he couldn't. Can he do a Reverse Quit claim deed?
Thank you.

LisaB4657
Jan 2, 2009, 07:46 PM
As Scott said, there are only 2 things that your husband can do. He can talk to his daughter and tell her to deed the property back to him, or he can sue her. I suggest that he talks to her first. If she absolutely refuses then he should retain a lawyer.

hebws11and1
Jan 2, 2009, 07:54 PM
Thank you LisaB4657. We will try.

hebws11and1
Jan 2, 2009, 08:07 PM
Florida: On the Quit claim deed my husband signed, what does joint tenants with rights of survivorship means.

What if my husband daughter dies before him (I am not wishing death to her). However,how does it affect the Quit claim deed?

Curious can you impart.

LisaB4657
Jan 2, 2009, 08:16 PM
Please don't create a new thread for the same topic. I've merged your questions so that all of your info will be together.

Joint tenants with right of survivorship means that when one of the owners dies, the entire ownership of the property passes to the surviving owner.

If the deed your husband signed transferred the property to himself and his daughter as joint tenants with right of survivorship, that means that if your husband dies then the property automatically becomes all hers. If she dies before him then the property automatically becomes all his.

hebws11and1
Jan 2, 2009, 08:39 PM
Please don't create a new thread for the same topic. I've merged your questions so that all of your info will be together.

Joint tenants with right of survivorship means that when one of the owners dies, the entire ownership of the property passes to the surviving owner.

If the deed your husband signed transferred the property to himself and his daughter as joint tenants with right of survivorship, that means that if your husband dies then the property automatically becomes all hers. If she dies before him then the property automatically becomes all his.= Oops! Sorry wasn't sure how to merge.

LisaB4657
Jan 2, 2009, 08:44 PM
= Oops! sorry wasn't sure how to merge.

No problem. Just keep replying in the same thread.