My mother quit claimed her condo to me and her as joint tenancy. About four months Before she passed away. The condo is now in my name only. It's only worth about 60000 and she died with a considerable amount of debt with no money and the condo as her only asset, now that it is in my name can the creditors place a lien on it?

Quote:

---

Originally Posted by Kristibc

My mother quit claimed her condo to me and her as joint tenancy. About four months Before she passed away. The condo is now in my name only. It's only worth about 60000 and she died with a considerable amount of debt with no money and the condo as her only asset, now that it is in my name can the creditors place a lien on it?

---

Perhaps not, assuming the quitclaim deed created a joint tenancy with the right of survivorship. Some states don't allow a JTWROS except between spouses.

Her creditors (you didn't state what state or country you are in, so assuming that the law in your jurisdiction is "normal"), would have to sue you, claiming that the quitclaim deed was a fraud on her creditors. They would have a good argument that it was, in my opinion. If they were to previal on that argument, the resulting judgment, when recorded, would constitute a lien.

Was your mother sick at the time? Did you know she was close to death? Did you give her $30K for your share of the condo?

I agree with AK, this smells of fraud. If the creditors find out these circumstances they can sue.

ANY question on law needs to include your general locale as laws vary by area.

Hi, I was added to my mothers title when h
She and my step father began their divorce proceedings. They had been separated for 7+ years and They owned two condos she lived in one and he in the other, the both quit claimed the condos to each other, my mother put me on her title with her and I encouraged him to put his son on his. And yes she was sick but we did not know it was terminal.

Quote:

---

Originally Posted by Kristibc

Hi, I was added to my mothers title when h
She and my step father began their divorce proceedings. They had been seperated for 7+ years and They owned two condos she lived in one and he in the other, the both quit claimed the condos to each other, my mother put me on her title witn her and I encouraged him to put his son on his. And yes she was sick but we did not know it was terminal.

---

You still didn't supply a couple of facts we need to give you a reasonably reliable answer:

• What state (assuming in the U.S.) are you in?
• How long ago did this happpen?

Hi, she lives in fl. And she was behind on condo fees ,from years ago, that my step father said he woul pay half of. When that didn't happen, and they filed for divorce, I paid all the back fees ,since I was now on the title with her. They started the divorce proceeding and quit claimed the condo about 6 months before her death. And although she had cancer, her death was a shock. No one expected it at the time. No even her medical caregivers. She was up walking talking making plans, a few hours later she slipped into a coma

Her QCD probaby created a tenancy in common. You own 1/2 of the condo. And, if you get a lawyer to file a probate petition, you (and any other siblings you may have) would be entitled to the other half. No, you cannot do probate yourself in Florida; you are required to hire an attorney.

The SOL for the fraud-on-creditors statute is 4 years. If this happened about 10 months ago, they would have a bit over 3 more years (or a year after discovery, whichever is more) to file suit. But given the circumstances you last described, it probably doesn't constitute a fraud.

Quote:

---

Originally Posted by AK lawyer

Her QCD probaby created a tenancy in common.

---

The OP said her mother quit claimed the condo to the two of them as joint tenants. Why would it create a tenancy in common?

I never heard before that some states do not permit JTWROS for people other than spouses. Is FL one of them?

Quote:

---

Originally Posted by LisaB4657

The OP said her mother quit claimed the condo to the two of them as joint tenants. Why would it create a tenancy in common?

I never heard before that some states do not permit JTWROS for people other than spouses. Is FL one of them?

---

Here you go:

http://www.alperlaw.com/joint_ownership.html

Thanks, califdadof3. I just read it quickly but I don't see how this prevents the OP and her mother from being joint tenants. They just don't qualify for tenancy by the entirety, which would have been the case anyway since a tenancy by the entirety can only be between spouses.

Quote:

---

Originally Posted by LisaB4657

...
I never heard before that some states do not permit JTWROS for people other than spouses. Is FL one of them?

---

Well, I read a FL statutory section the other day which, as I recall, seemed to say that a conveyance to more than one person is presumed to create a tenancy in common, and not JTWROS, unless it is to a husband and wife. I can't put my finger on it at the moment.

Ah! Here it is:

"689.15 Estates by survivorship.—The doctrine of the right of survivorship in cases of real estate and personal property held by joint tenants shall not prevail in this state; that is to say, except in cases of estates by entirety, a devise, transfer or conveyance heretofore or hereafter made to two or more shall create a tenancy in common, unless the instrument creating the estate shall expressly provide for the right of survivorship; and in cases of estates by entirety, the tenants, upon dissolution of marriage, shall become tenants in common."

As I read this, a deed to two unmarried persons (such as the OP and her mother), even though it says "joint tenants", does not create a JTWROS unless it expressly says "with right of survivorship".

Okay, the way I read this is that FL will not presume a right of survivorship if the deed states only joint tenants without the WROS. In your original post I thought you were saying that some states do not allow a JTWROS between two people who are not married.

Quote:

---

Originally Posted by LisaB4657

Okay, the way I read this is that FL will not presume a right of survivorship if the deed states only joint tenants without the WROS. In your original post I thought you were saying that some states do not allow a JTWROS between two people who are not married.

---

Well, you understand that I was trying to remember what it said exactly. I didn't actually say that, and believe the closest I same to saying that was Post #11 (in which I said "presumed"). In OP's case, unless the deed says "with right of survivorship" (or similar) it would be a tenancy in common.

And there is at least one state which does not allow a JTWROS (for real property) between two people who are not married: my home state of Alaska:

"AS 34.15.130. Joint Tenancy Abolished.
Joint tenancy, with the exception of interests in personalty and tenancy by the entirety, is abolished. Except as provided in AS 34.15.110(b) and AS 34.77.100, persons having an undivided interest in real property are considered tenants in common."

I don't propose to go through the statutes of all 50 states, but a brief review of the first two in the alphabet, Alabama and Arizona, indicates that those states have restrictions similar to those of Florida: it has to specify something like "with right of survivorship".

Quote:

---

Originally Posted by AK lawyer

Well, you understand that I was trying to remember what it said exactly. I didn't actually say that, and believe the closest I same to saying that was Post #11 (in which I said "presumed"). In OP's case, unless the deed says "with right of survivorship" (or similar) it would be a tenancy in common.

---

You said it in Post #2 of this thread. I should have quoted it in Post #8 when I was questioning it but only included your first sentence.

Quote:

---

And there is at least one state which does not allow a JTWROS (for real property) between two people who are not married: my home state of Alaska:

"AS 34.15.130. Joint Tenancy Abolished.
Joint tenancy, with the exception of interests in personalty and tenancy by the entirety, is abolished. Except as provided in AS 34.15.110(b) and AS 34.77.100, persons having an undivided interest in real property are considered tenants in common."

I don't propose to go through the statutes of all 50 states, but a brief review of the first two in the alphabet, Alabama and Arizona, indicates that those states have restrictions similar to those of Florida: it has to specify something like "with right of survivorship".

---

Wow. I've seen the restrictions before but this is the first time I'm hearing that a state has completely abolished JTWROS between unmarried people.

Thanks for the info.