Ask Experts Questions for FREE Help !
Ask
    pastor1189's Avatar
    pastor1189 Posts: 1,538, Reputation: 3
    Ultra Member
     
    #1

    Aug 13, 2016, 02:47 PM
    Deed to a house
    Here is a couple of question about a deed to a house. The elderly mother 94 years old is on the deed along with her four children. The children and in dispute. Because of one of the children’s name appears first on the top of the deed (Edward), the other 3 children think he has more control of the house because of the placement of his name. What is your opinion?


    Second question a husband and wife are on the deed. Should they add their son to the deed?
    If so, is it difficult, would they need a lawyer
    Wondergirl's Avatar
    Wondergirl Posts: 38,240, Reputation: 5430
    Jobs & Parenting Expert
     
    #2

    Aug 13, 2016, 02:53 PM
    1. No. Order doesn't matter. (We just went through this in my family with my sibs and me.)

    2. Is there a mortgage or lien on the house?
    pastor1189's Avatar
    pastor1189 Posts: 1,538, Reputation: 3
    Ultra Member
     
    #3

    Aug 13, 2016, 03:05 PM
    Quote Originally Posted by Wondergirl View Post
    1. No. Order doesn't matter. (We just went through this in my family with my sibs and me.)

    2. Is there a mortgage or lien on the house?
    Yes a small mortgage.
    Wondergirl's Avatar
    Wondergirl Posts: 38,240, Reputation: 5430
    Jobs & Parenting Expert
     
    #4

    Aug 13, 2016, 03:19 PM
    Quote Originally Posted by pastor1189 View Post
    Yes a small mortgage.
    Will the son be added to the mortgage?
    tickle's Avatar
    tickle Posts: 23,801, Reputation: 2674
    Expert
     
    #5

    Aug 13, 2016, 03:24 PM
    Pastor they need proper legal advice. Please seek it for this family and have it properly settled without dispute. Of course it will cost but it ha to be done.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert
     
    #6

    Aug 13, 2016, 03:47 PM
    They should leave the deed AS IS! There is absolutely no point in adding a child, grown or not.
    Each state has different laws about the way multiple owners are worded on a deed. Some states assume equal ownership. Some allow unequal ownership while others don't, but if they do, it is always stated on the deed as a percentage for each name.
    My concern would be the wording of the husband and wife.
    The children should find out while the mother is still alive whether or not each spouse is considered a separate and equal owner, or one 'share' as a couple.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Aug 13, 2016, 04:50 PM
    You need the EXACT wording of the deed. Normally, order does not matter, but the wording does.

    As far as adding a son to a deed, essentially they are giving the son part ownership of the property. There may be financial consequences in doing so. They need an estate planner to advise them.
    pastor1189's Avatar
    pastor1189 Posts: 1,538, Reputation: 3
    Ultra Member
     
    #8

    Aug 14, 2016, 04:30 AM
    This house is in Honduras. As to adding the son to the deed, the deed currently is joint tenancy the right of survivorship. Husband and wife. But if they become deceased,the estate may go into probate?
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
    Uber Member
     
    #9

    Aug 14, 2016, 04:34 AM
    As was mentioned... It was a bad idea to put the children on the deed, but like they say, that deed has been done.

    With their name on the deed they are part owners... they can force a partition sale to pay of their bookie, the drug dealer, their legal judgements for whatever reason. Or they just decide they want what's "theirs" NOW... (some the financial consequences) because once the name is on the deed, it legally IS part theirs now.

    The parents should have put it in the will for them to inherit it. Lots of potential issues with very little upside.

    I fully agree... they need an estate planner to help get this sorted out before squabbling brings about other problems.

    The property won't be shielded from liens related to the estate OR those incurred by any of the kids whose names are on the deed.

    I also agree the wording means everything. Unless it specifies to the contrary, all names on the deed are considered to be equal owners.
    cdad's Avatar
    cdad Posts: 12,701, Reputation: 1438
    Internet Research Expert
     
    #10

    Aug 14, 2016, 04:39 AM
    This site may help you better understand what questions are needing to be asked before you seek professional advice.

    Will in Honduras | Honduran Will | Inheritance Tax Laws
    pastor1189's Avatar
    pastor1189 Posts: 1,538, Reputation: 3
    Ultra Member
     
    #11

    Aug 14, 2016, 05:05 AM
    That you so much. Yes it is a tale of two cities. One in the USA and the other in Honduras.In the Honduras case the children are bickering about the placement of their name on the title. In the USA case the son is 36 years a computer analysis with an impeccable reputation. Thanks again for the most outstanding advice
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #12

    Aug 15, 2016, 06:56 AM
    Quote Originally Posted by pastor1189 View Post
    This house is in Honduras. As to adding the son to the deed, the deed currently is joint tenancy the right of survivorship. Husband and wife. But if they become deceased,the estate may go into probate?
    As far as I can make out, OP has asked two questions concerning two separate situations. Probably it would have been better to ask these in separate threats, so as to minimize confusion.

    The link Cdad posted suggests that Honduras is a civil law jurisdiction, similar to Louisiana in the US. Thus it doesn't appear that the order of grantees on the deed makes any difference. But they should seek advice from a Honduran attorney to be sure.

    The matter of putting the son on the deed to avoid probate seems to be somewhere in the US. The law of the particular state is important with respect to this issue; we don't know what state it is. In general, JTWROS is only for husbands and wives. Putting the son on the deed may have the effect of making it a tenancy in common, which would not avoid probate. So, again, consult with an attorney in the specific state.
    pastor1189's Avatar
    pastor1189 Posts: 1,538, Reputation: 3
    Ultra Member
     
    #13

    Aug 15, 2016, 07:30 AM
    Quote Originally Posted by AK lawyer View Post
    As far as I can make out, OP has asked two questions concerning two separate situations. Probably it would have been better to ask these in separate threats, so as to minimize confusion.

    The link Cdad posted suggests that Honduras is a civil law jurisdiction, similar to Louisiana in the US. Thus it doesn't appear that the order of grantees on the deed makes any difference. But they should seek advice from a Honduran attorney to be sure.

    The matter of putting the son on the deed to avoid probate seems to be somewhere in the US. The law of the particular state is important with respect to this issue; we don't know what state it is. In general, JTWROS is only for husbands and wives. Putting the son on the deed may have the effect of making it a tenancy in common, which would not avoid probate. So, again, consult with an attorney in the specific state.
    Thank you. The state is Florida

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

NY SAHM should I be on house deed only or both mortgage and deed [ 1 Answers ]

My husband and I are trying to determine the advantages/ disadvantages of me being on deed and not mortgage in state of NY. My fear is that should something ever happen to him what rights do I have to the home? Would the loan as is be transferred to me or would I have to get a new loan in my name...

Can one person on the house deed kick the other person out that is also on the deed? [ 2 Answers ]

If a married couple are both on the deed to their home and both are living in the home, can one kick the other out of the home?

House Deed [ 4 Answers ]

My deed to my house is only in my husband's name. How do I go about getting my name added? I live in South Carolina.

House deed [ 3 Answers ]

I'm am looking for a house deed. Can you help me


View more questions Search