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Question about deed

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tkpooh

Junior Member
What is the name of your state? Michigan. my dad and mom were divorced in 1980, two days after the divorce was final my dad went down and quick claimed his and my moms name back on the deed to their house. My dad told me he was leaving the house to my Mom and asked if I cared...I said of course not. My dad died in may of this year and my dads son from his first marriage say's he's entitled to 1/2 the house. I was told because my dad quick claimed my mom back onthe house after the divorce was final the house belongs to her 100%. Can you tell me if this is true???
My dad owed his home before he and my mom married and it was free and clear with no mortgage at the time of his death
 
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BelizeBreeze

Senior Member
The answer to your question depends on whether or not your father had legal ownership of the home. So, did he receive the home in the property settlement or did he own it before the marriage or was he the sole owner?
 

tkpooh

Junior Member
Michigan. My dad owed his home before they were married. There was no mortgage on the home at the time of his death. I'm new to this process so if I'm doing this wrong someone please let me know. Thanks Soooo much.
 

tkpooh

Junior Member
question about deed to Belize

Michigan. The deed reads my dads name first and then my moms. Which I believe would make it tenants in common. however, I was told if dad put her name back on the deed after the divorce this would give her sole ownership???? Thank you sooooo much!!!!
 

BelizeBreeze

Senior Member
tkpooh said:
Michigan. The deed reads my dads name first and then my moms. Which I believe would make it tenants in common. however, I was told if dad put her name back on the deed after the divorce this would give her sole ownership???? Thank you sooooo much!!!!
That's not good enough. If you have (or can get) a copy of the deed then type it here exactly word for word.
 

tkpooh

Junior Member
question about deed to belize

michigan. I don't have a copy of the deed here. I can't get it until tomorrow. Thanks for your help. SINCERELY!!!! Tk.
 

tkpooh

Junior Member
To Home Guru

Michigan. No fair home guru. I thought this was general question forum. I didn't know I needed the deed to get the question answered. The question was- If my dad put my mom back on the house after their divorce was final, does the house get split 50/50 with my very greedy 1/2 brother. Does it matter how the deed reads? If Michigan law says it goes to mom if he put her on after the divorce is that true??? I truly wasn't trying to waste anyones time or goodwill, I'm just very fraustrated that my dad wanted my mom to have the house and now he (my 1/2 brother) steps in after not even talking to my dad in 30 years and acts like he's entitled. Oh by the way my dad told me and my mom there was a will and suddenly we can't find it. I'm really grateful for any info. I'm contacting a lawyer for my mom (she can't afford it), but I was just hoping to get a head start.
 

BelizeBreeze

Senior Member
tkpooh said:
Michigan. No fair home guru. I thought this was general question forum. I didn't know I needed the deed to get the question answered. The question was- If my dad put my mom back on the house after their divorce was final, does the house get split 50/50 with my very greedy 1/2 brother. Does it matter how the deed reads? If Michigan law says it goes to mom if he put her on after the divorce is that true??? I truly wasn't trying to waste anyones time or goodwill, I'm just very fraustrated that my dad wanted my mom to have the house and now he (my 1/2 brother) steps in after not even talking to my dad in 30 years and acts like he's entitled. Oh by the way my dad told me and my mom there was a will and suddenly we can't find it. I'm really grateful for any info. I'm contacting a lawyer for my mom (she can't afford it), but I was just hoping to get a head start.
YES, it matters.

If the names are husband and wife and nothing more, then dad's share MUST got through probate and the son will inherit to an extent.

If the names are husband and wife JTWROS then mom owns the home PERIOD.

This is the law we're talking about. It's ANAL.
 

tkpooh

Junior Member
Thanks Belize

They weren't husband and wife because it was after the divorce was final. However, I don't belive the language is JTWROS (which I assume is sivivorship?). Doesn't the fact he put her back on after the divorce automatically make it JTWROS?
 

BelizeBreeze

Senior Member
tkpooh said:
They weren't husband and wife because it was after the divorce was final. However, I don't belive the language is JTWROS (which I assume is sivivorship?). Doesn't the fact he put her back on after the divorce automatically make it JTWROS?
NO...NO...NO....NO
 

tkpooh

Junior Member
I know I'm a pain but....

Than is it 50/50? I knew I should've gone to Law school instead of business management :D
 

HomeGuru

Senior Member
tkpooh said:
Than is it 50/50? I knew I should've gone to Law school instead of business management :D

**A; yes it is 50/50. 50% the answer is maybe, and 50% the answer is maybe not.
 

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