In the state of Florida (Gulf County) Father died in 1980--leaving family home--(there is no
Will) the house is built by father and all offspring. Father enticed his offspring (siblings {5} total) to help in this endeavor to build a "Family Home which they and their offspring to come would always have to come home to". This was his stated reasoning to encourage them to work and expect no cash pay for the work (not to be included was the daily chores each child had i.e. washing dishes, cleaning yards,cleaning bedrooms etc.). His offspring agree and perform the duties delegated by the father. After father dies fathers, "Common Law" (wife) lives her life in the house. The wife is stricken such that she is disabled. Her condition continues to get worse over time to the point that she is bed ridden and eventually given over medically as incurable. One of the sibling living in the house with the (wife) contact another sibling(a) living away in another state and states "Momma is in need of nursing home care and our only option is to leverage the house for the purpose of getting her care". The contacted sibling agrees to a plan that consisted of signing a quitclaim deed to the fore stated house and conveying that same message to another sibling (b) who lives near him in the same town. Sibling (b) on that accord signed quit claim deed to the effect stated above. Some years later, it is found that the information that was relied upon to convince the sibling to sign the quitclaim deed was false and the sibling living in the house in fact knew it to be false. With that information now desiminated to the other siblings (a) and (b) the live in sibling transfers the house to another person(her husband) in an attempt to circumvent any recourse the sibling (a) and (b) would have for justice. In your opinion where does the law stand?


The cowboy brother

Cowboy brother, get a lawyer to sort through the mess that everyone in the family has obviously contributed too. We are all volunteers here. It sounds like quite a complicated mess the way you have explained it. No one, unless they had days and days with paperwork in front of them and people to call and sort out could possibly get this straightened out and you expect us to give you legal advice on this?

Tick

Here is the problem as I see it at this time. Who's name was on the house while the father was alive? And since no will was in place when he died the house should have went to the spouse. So where does the rest of this come into play?

Yes, who was listed on the deed at the time of the fathers death,

Was "common law wife " on the deed, did the house have to go though probate.

At the time of the need deed to other "member" who was the listed owner on the deed ?

Did the person who "sold" the house even legally able to sell it.

You have to list how ownership came to that one person.


Merely helping to build the house, helping to care for the house, or even living in the house, gives and means almost nothing.

Whose names on one the deeds and their right to buy or sell the property is the issue, you have not properly addressed

Please we don't need to know who built it, who worked there, even who was ill. Just ownership facts, not given.