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Old 06-26-2006, 07:13 PM
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inherited home, divorce, quit claim?


What is the name of your state? The property is located in Hawaii but I reside in Arkansas. My brother and I inherited a house when my father passed away in 1991. My brother resides in the house now. In order for my brother to make some repairs to the home he had to refinance. I signed a quit claim deed so he could get the loan. Our agreement, which was verbal, was he would put me back on the deed later (I was having financial difficulty at that time). He got married in 2001 and now they are getting divorced. His wife was never put on the deed. His wife wants half of the equity in the home. Can I make a claim on part of this home? He is not contesting that we had a verbal agreement. If not, do we have another option for keeping the house in the family. It has sentimental value because this is the house we grew up in. Any help or suggestions would be greatly appreciated.
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Old 06-27-2006, 08:45 AM
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Quote:
Originally Posted by Butterfly58
What is the name of your state? The property is located in Hawaii but I reside in Arkansas. My brother and I inherited a house when my father passed away in 1991. My brother resides in the house now. In order for my brother to make some repairs to the home he had to refinance. I signed a quit claim deed so he could get the loan. Our agreement, which was verbal, was he would put me back on the deed later (I was having financial difficulty at that time). He got married in 2001 and now they are getting divorced. His wife was never put on the deed. His wife wants half of the equity in the home. Can I make a claim on part of this home? He is not contesting that we had a verbal agreement. If not, do we have another option for keeping the house in the family. It has sentimental value because this is the house we grew up in. Any help or suggestions would be greatly appreciated.
You have no claim to any part of the home. Once you signed the quit claim, you gave up all your rights and all of your interest in the real estate.
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Old 06-27-2006, 09:08 AM
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Sounds like this is yet another great example of people making real estate transfers on the advice of a loan officer, instead of talking to an attorney.
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Old 06-27-2006, 06:57 PM
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As I thought, Thank you for your input.
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Old 06-27-2006, 07:09 PM
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Quote:
Originally Posted by Butterfly58
As I thought, Thank you for your input.
Only what is in writing matters. It doesn't make any difference what the "verbal agreement" was because the written agreement (i.e., the quit claim deed) states that YOU agree that you have no interest in the real estate.
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