Ask Experts Questions for FREE Help !
Ask
    hebws11and1's Avatar
    hebws11and1 Posts: 5, Reputation: 1
    New Member
    		  
    #1

    Jan 2, 2009, 06:37 PM
    Quit claim deed
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    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's Avatar
    hebws11and1 Posts: 5, Reputation: 1
    New Member
    		  
    #3

    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's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #4

    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's Avatar
    hebws11and1 Posts: 5, Reputation: 1
    New Member
    		  
    #5

    Jan 2, 2009, 07:54 PM
    Thank you LisaB4657. We will try.
    hebws11and1's Avatar
    hebws11and1 Posts: 5, Reputation: 1
    New Member
    		  
    #6

    Jan 2, 2009, 08:07 PM
    Quit claim deed
    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's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #7

    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's Avatar
    hebws11and1 Posts: 5, Reputation: 1
    New Member
    		  
    #8

    Jan 2, 2009, 08:39 PM
    Quote Originally Posted by LisaB4657 View Post
    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's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
    		  
    #9

    Jan 2, 2009, 08:44 PM
    Quote Originally Posted by hebws11and1 View Post
    = Oops! sorry wasn't sure how to merge.
    No problem. Just keep replying in the same thread.
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!

Special warranty deed and quit claim deed what are they? [ 6 Answers ]

What is the difference bewtween the two and what is the purpose?

Warranty Deed vs. Quit Claim Deed [ 11 Answers ]

My aunt passed away recently and left her house to us (six nieces and nephews) since she and my uncle had no children. We are in the process of selling the house in Arkansas (we all live in Michigan) and are trying to deal with everything long distance. The lady from the Title Insurance...

Reversal of life estate deed using quit claim deed [ 2 Answers ]

Can a life estate deed be reversed if all remainders sign a quit claim deed in North Carolina?

Quit Claim Deed or Deed of Gift [ 8 Answers ]

My fiancé and his brother are dividing a couple of properties from their mother's estate. She passed away 6 years ago and they did probate the will during that timeframe. They are trying to establish the best way to divide the property at this time with as little tax penalties as possible. Which...

Corrective Deed, New Quit Claim Deed, or See an Attorney? [ 4 Answers ]

I have a major problem with a quit claim deed that was done regarding my father's property. The intention was to put me in the deed but as an heir to the property, not as a co-owner or anything like that. So, a quit claim deed was filled out and recorded at the clerk of the circuit court. However,...

View more questions Search