Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 12-01-2004, 12:35 PM
unionchemist
Guest
 
Posts: n/a
Angry

how do I get someone off deed?


What is the name of your state? nj

My husbands father passed away and left his dilapidated house to his seven children. One of the siblings was living there with her then boyfriend and father of her 2 children. The six other siblings decided to sign over the house to said sibling who was living in the house for purposes of improving the house. When sibling was unable to get a loan on her own credit she was coerced into letting boyfriend on the deed so the loan can be approved and the improvements could go on as planned(this was done without any of the other sibling finding out). The increase in value of the house would have been beneficial for all siblings except for now the house is owned by sibling and boyfriend and boyfriend has gone psycho, saying that half the house is his and he's making life unbearable. Him and sibling have broken up and a lawyer is now involved in the case but we are having a hard time learning anything from sisters and brothers about what we have to do to get him off the deed. PLease help.
  #2  
Old 12-01-2004, 12:49 PM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Contact the registrar of deeds in the county where the house is located and see who is actually on the deed. Then proceed from there.

If his name is in fact, on the deed the you'll need to speak with a real estate attorney. Unless you can prove fraudulent transfer, be ready to shell out some cash to get rid of him.
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #3  
Old 12-08-2004, 07:30 AM
Member
 
Join Date: Dec 2004
Posts: 396
Quote:
Originally Posted by BelizeBreeze
Contact the registrar of deeds in the county where the house is located and see who is actually on the deed. Then proceed from there.

If his name is in fact, on the deed the you'll need to speak with a real estate attorney. Unless you can prove fraudulent transfer, be ready to shell out some cash to get rid of him.
I agree...he needs to find out who is on the deed. The six other siblings appear to be totally out of the picture. They signed the house over to the other sibling, no claim of fraudulent transfer. It sounds like now, since the house is worth more, they want to come in and claim some of the profits. Well that's all well and good IF that's what was contracted. Otherwise the six siblings are SOL.

Maybe there was a fraudulent transfer between the remaining sibling and her boyfriend, but even that's doubtful from the facts outlined above. You would view the fraudulent conveyance from the facts at the time it happened, not later when the boyfriend goes "whacko."

Last edited by Rhubarb297; 12-08-2004 at 09:39 AM.
  #4  
Old 12-08-2004, 07:43 AM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by unionchemist
What is the name of your state? nj

My husbands father passed away and left his dilapidated house to his seven children. One of the siblings was living there with her then boyfriend and father of her 2 children. The six other siblings decided to sign over the house to said sibling who was living in the house for purposes of improving the house. When sibling was unable to get a loan on her own credit she was coerced into letting boyfriend on the deed so the loan can be approved and the improvements could go on as planned(this was done without any of the other sibling finding out). The increase in value of the house would have been beneficial for all siblings except for now the house is owned by sibling and boyfriend and boyfriend has gone psycho, saying that half the house is his and he's making life unbearable. Him and sibling have broken up and a lawyer is now involved in the case but we are having a hard time learning anything from sisters and brothers about what we have to do to get him off the deed. PLease help.

My response:

There's nothing you or your other siblings can do. The fact is, you folks don't own the house and, therefore, are "legal strangers" to the matter. You and the rest of your siblings gave up ownership to the single sister. At that moment, she was free to do whatever she wanted with the house - - including making a deal with the Devil himself; which she did.

Suffice it to say, the house is also his, and your sister is bound to get slapped with a lawsuit for "Partition", which will force her to sell the house and divide the proceeds of the sale with him.

Her share of the value of the house can be divided amongst all of you IF she wants to do that. As for his share, he'll be using it for a trip to the Bahamas.

IAAL
  #5  
Old 12-08-2004, 08:00 AM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Quote:
As for his share, he'll be using it for a trip to the Bahamas.
Or Belize
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #6  
Old 12-08-2004, 08:02 AM
Senior Member
 
Join Date: Jul 2004
Posts: 17,799
Quote:
Originally Posted by unionchemist
What is the name of your state? nj

My husbands father passed away and left his dilapidated house to his seven children. One of the siblings was living there with her then boyfriend and father of her 2 children. The six other siblings decided to sign over the house to said sibling who was living in the house for purposes of improving the house. When sibling was unable to get a loan on her own credit she was coerced into letting boyfriend on the deed so the loan can be approved and the improvements could go on as planned(this was done without any of the other sibling finding out). The increase in value of the house would have been beneficial for all siblings except for now the house is owned by sibling and boyfriend and boyfriend has gone psycho, saying that half the house is his and he's making life unbearable. Him and sibling have broken up and a lawyer is now involved in the case but we are having a hard time learning anything from sisters and brothers about what we have to do to get him off the deed. PLease help.
Were any of you there to help repair the dilapidated house?
Were any of you there to co-sign when she couldn't get the loan to make the needed repairs?
Were any of you there living with the mess of renovation or help make the repairs?
Why is he psycho for wanting what is fair for him and his children? Their relationship came to an end, I wonder how much pressure from the family may have contributed to that?
I'll bet you were happy to be done with the responsibility and taxes, with that goes any profit.
This is between them now.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:43 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.