Quick Claim by step dad/Hubby & I:Joint Ownership/Need to remove hubby's ownership

[roxyze]

Quick Claim by step dad/Hubby & I:Joint Ownership/Need to remove hubby's ownership

What is the name of your state? NV

My husband and I own two properties in Reno, NV as joint ownership.

My husband owes my step dad over $100,000 from investing in his business. He had him sign a Promissory Note but now had him sign a Quick Claim on both properties.

My step dad said that if he records it, my husband will still own half of my half of the ownership.

How can my husband and I change type of ownership on both properties?

The objective is to relinquish my husband's complete ownership on both properties, so that my step dad and I are left as the ONLY owners.

Please help!

Many thanks, Cynthia

 

[divgradcurl]

What is the name of your state? NV

My husband and I own two properties in Reno, NV as joint ownership.

My husband owes my step dad over $100,000 from investing in his business. He had him sign a Promissory Note but now had him sign a Quick Claim on both properties.

My step dad said that if he records it, my husband will still own half of my half of the ownership.

How can my husband and I change type of ownership on both properties?

The objective is to relinquish my husband's complete ownership on both properties, so that my step dad and I are left as the ONLY owners.

Please help!

Many thanks, Cynthia

Were the properties purchased before or after you were married? How were they paid for?

Chances are the properties are community property, and it may be difficult, or impossible, to keep your husband from an ownership share -- even if he isn't on the deed anymore. You really should talk with an attorney in Nevada who can sort this out. In a community property state, the traditional types of title of real property (tenants in common, joint tenancy, etc.) still exist, but they are modified by community property rules when the owners are married.

EDIT: Further, an attorney can help you to determine whether or not the debt is a "joint debt" that you are ultimately responsible as well. Just FYI, given the facts as you've written them, it's hard to tell exactly what the situation is, but the general rule is that a debt entered into by one party in a marriage can be satisfied by the separate property assets of that party, as well as the entire community estate -- again, it may not be possible to separate out your husbands "share" here, the entire property(ies) may be subject to lien.