Quitclaim Deed

[NCIS]

That’s what it sounds like.

Correction:
She said that if I don't sign, she said: "Then I will have to take you to court"!

 

[Zigner]

Correction:
She said that if I don't sign, she said: "Then I will have to take you to court"!

There's really nothing else we can help you with.

 

[quincy]

She has held a grudge for years because I would not sign papers allowing her daughter to build a house on the property.

Family disputes can get awfully ugly. You might want to see an attorney in your area to, first, make sure the quitclaim deed to you and your brother-in-law was executed properly and, if it was, to discuss how best to resolve the dispute so it doesn’t wind up in court.

 

[NCIS]

Family disputes can get awfully ugly. You might want to see an attorney in your area to, first, make sure the quitclaim deed to you and your brother-in-law was executed properly and, if it was, to discuss how best to resolve the dispute so it doesn’t wind up in court.

I'm waiting out for the letter she claims her lawyer is sending to me.
All this is about, is the fact that she is now wanting everything going to her daughter now. Not a VALID reason for me to relinquish myself.

 

[NCIS]

There's really nothing else we can help you with.

I understand, if something new comes up, I'll come back for information.
Thank you for your help, I really appreciate it...

 

[LdiJ]

I understood that from your posts. But you also said that your sister is claiming the quitclaim was “illegal.” If she cannot get you to quitclaim the property back to her, one option she has is to argue in court the validity of the quitclaim deed.

Yes, but that doesn't mean that she can or will win a lawsuit making that argument. It just means that she can try. Personally, I think that there is little chance that she could prevail.

 

[LdiJ]

I understand, if something new comes up, I'll come back for information.
Thank you for your help, I really appreciate it...

Rather than coming back here for more information, it would be in your best interest to consult a local attorney yourself if you receive a letter from an attorney representing her.

 

[NCIS]

Rather than coming back here for more information, it would be in your best interest to consult a local attorney yourself if you receive a letter from an attorney representing her.

I may be acquiring an attorney if I receive a letter from her attorney. Getting input and advice here helps me to understand the process and what steps I may need to take.

I appreciate all the help, thank you so much.

 

[quincy]

Yes, but that doesn't mean that she can or will win a lawsuit making that argument. It just means that she can try. Personally, I think that there is little chance that she could prevail.

I never said his sister would be successful if she sues. I don’t know enough about the quitclaim deed and the circumstances surrounding its signing to say. I was simply answering NCIS’s question.

NCIS wanted to know how she could sue and for what reason could she sue.

It could be possible for the sister to sue to void the deed, possibly over errors in the deed or its execution. It is possible, too, that sister’s husband could file a partition action and force a sale of the property.

I am fairly confident, however, that if NCIS is actually served with a summons and complaint, the attorney he sees will be able to tell him if the lawsuit has merit.

 

[LdiJ]

I never said his sister would be successful if she sues. I don’t know enough about the quitclaim deed and the circumstances surrounding its signing to say. I was simply answering NCIS’s question.

NCIS wanted to know how she could sue and for what reason could she sue.

I get it. However, when most people ask that question, what they are really asking is what could the person sue for and win. You sometimes inadvertently give the impression that you are expressing an opinion on the validity of the case.

It could be possible for the sister to sue to void the deed, possibly over errors in the deed or its execution. It is possible, too, that sister’s husband could file a partition action and force a sale of the property.

Yes, those are things that someone could do. Again, however just because they CAN doesn't mean they will win or even could win.

I am fairly confident, however, that if NCIS is actually served with a summons and complaint, the attorney he sees will be able to tell him if the lawsuit has merit.

NCIS, you are a remainderman on the property. Your sister cannot just undo that because she wants it undone. She has to have a darned good reason that a judge would agree was a darned good reason. Her wishes are not a darned good reason. It would have to be a serious reason such as a defective deed that gets voided or something else really serious. Her husband not signing off on the deed is probably irrelevant since he is one of the remaindermen and did not lodge an objection at the time.

Forcing a partition sale (where a judge orders the property sold and the proceeds divided) can sometimes happen based just on someone's wishes. However in that case you would walk away from the deal with some cash in hand.

Again though, you need to be consulting with a local attorney.

 

[quincy]

I get it. However, when most people ask that question, what they are really asking is what could the person sue for and win. You sometimes inadvertently give the impression that you are expressing an opinion on the validity of the case.



Yes, those are things that someone could do. Again, however just because they CAN doesn't mean they will win or even could win.



NCIS, you are a remainderman on the property. Your sister cannot just undo that because she wants it undone. She has to have a darned good reason that a judge would agree was a darned good reason. Her wishes are not a darned good reason. It would have to be a serious reason such as a defective deed that gets voided or something else really serious. Her husband not signing off on the deed is probably irrelevant since he is one of the remaindermen and did not lodge an objection at the time.

Forcing a partition sale (where a judge orders the property sold and the proceeds divided) can sometimes happen based just on someone's wishes. However in that case you would walk away from the deal with some cash in hand.

Again though, you need to be consulting with a local attorney.

I don’t think I gave an opinion about the validity of anything, inadvertently or otherwise. But if a lawsuit is filed, it really doesn’t matter if it has merit or not. It still requires a response and that response can come with both time and attorney fees attached.

Grantees do not have to sign a quitclaim deed for the deed to be valid, as a note. They just have to be adequately identified. The grantor’s signature is required.

 

[NCIS]

I don’t think I gave an opinion about the validity of anything, inadvertently or otherwise. But if a lawsuit is filed, it really doesn’t matter if it has merit or not. It still requires a response and that response can come with both time and attorney fees attached.

Grantees do not have to sign a quitclaim deed for the deed to be valid, as a note. They just have to be adequately identified. The grantor’s signature is required.

I wasn't saying that my sister was telling me that her husband did not sign the quit claim Deed, she is saying that he didn't sign any papers allowing her to create a quit claim deed as a grantor and himself as a grantee and myself as a grantee. She is trying to tell me that it is not legal because he did not sign papers allowing her to simply create a Quit Claim Deed. From what I have found out in the state of Florida she does not have to have his permission to fill out a quit claim deed.
From what I understand his signature would only be needed if the property was being sold.

 

[Zigner]

You will want to seek the assistance of an attorney. There is really nothing further that we can help you with. Best of luck.

 

[quincy]

I wasn't saying that my sister was telling me that her husband did not sign the quit claim Deed, she is saying that he didn't sign any papers allowing her to create a quit claim deed as a grantor and himself as a grantee and myself as a grantee. She is trying to tell me that it is not legal because he did not sign papers allowing her to simply create a Quit Claim Deed. From what I have found out in the state of Florida she does not have to have his permission to fill out a quit claim deed.
From what I understand his signature would only be needed if the property was being sold.

Your sister wants you to voluntarily sign away your interest in the property. She now apparently is looking for ways to void your interest because you said you won’t sign away your interest in the property.

I recommend you review all facts with an attorney in your area, either now or if you are sued. I agree with Zigner. There is not much else to say.

 

[NCIS]

You will want to seek the assistance of an attorney. There is really nothing further that we can help you with. Best of luck.

I reached out this morning to a reputable law firm with 110+ years experience. Setting up a consultation with them.
I am grateful for all of everyone's help here in the forum.
Thank you so very much