Can I remove name from title of house?

[Torellian]

What is the name of your state (only U.S. law)? WI

10 years ago, my Dad and I bought a house (where only I live) and it was with the agreement that I pay him monthly payments until I pay for the whole house, then I would have sole ownership and the house would only be in my name. Currently it is in both names as joint tenants. So basically, it was a loan that I had to pay off, which is now done.

I went to the Register of Deeds office at the county courthouse yesterday to try to get the house put in my name only. The only response I got was, "We aren't allowed to give advice". All I wanted to know is what was needed to have them do what I wanted.

So can someone here give me some "advice" on how to get this done? I can't get any help from those who actually have that responsibility.

 

[Some Random Guy]

The only response I got was, "We aren't allowed to give advice".

Yes, due to laws against practicing law without a license, that is the only answer that you will get from county personnel, even if you are just asking which form to fill out.

But, in your case, you need more than a form that you filll out. You need to get your father to agree, in writing, that the house is now yours. Without his approval, you are essentially trying to steal his 50% interest in the property. And no, your verbal agreement doesn't mean anything here since verbal agreements cannot be used to buy and sell property.

The property transfer can be done with a quit claim deed or through the services of a competent local real estate lawyer. I really don't suggest using a quit claim deed for a whole host of issues that I will not get into here.

Also, when talking to the lawyer, you may want to discuss writing up an actual purchase agreement so that it is clear that your father is not gifting you the house, but is giving it to you in exchange for monies already paid.

 

[Torellian]

Yes, due to laws against practicing law without a license, that is the only answer that you will get from county personnel, even if you are just asking which form to fill out.

But, in your case, you need more than a form that you filll out. You need to get your father to agree, in writing, that the house is now yours. Without his approval, you are essentially trying to steal his 50% interest in the property. And no, your verbal agreement doesn't mean anything here since verbal agreements cannot be used to buy and sell property.

The property transfer can be done with a quit claim deed or through the services of a competent local real estate lawyer. I really don't suggest using a quit claim deed for a whole host of issues that I will not get into here.

Also, when talking to the lawyer, you may want to discuss writing up an actual purchase agreement so that it is clear that your father is not gifting you the house, but is giving it to you in exchange for monies already paid.

I forgot to mention that our agreement was in writing. My Dad wrote up a promissory note that we both signed so that it would be in writing. Will this do alot to help simplify matters and maybe let us do this without lawyers?

 

[FlyingRon]

You need a dad to deed his interest to you. Your best bet would be to pay the few hundred for a lawyer to take care of this for you. I'd also strongly suggest that you get owner's title insurance.

 

[Torellian]

You need a dad to deed his interest to you. Your best bet would be to pay the few hundred for a lawyer to take care of this for you. I'd also strongly suggest that you get owner's title insurance.

A few hundred dollars is alot of money t me right now. Isn't there a way to do this without having to go through lawyers? People buy and sell houses without real estate agents, and it would seem to be an even simpler thing to remove a name from a title. If the reason for contacting a lawyer is to make sure my Dad or I are protected, then there's nothing to worry about. Everything is being done with no "funny business" going on behind the scenes. If it was as simple as using whiteout over his name on the current title and then registering it with the Register of Deeds, then we'd do it that way. However, if it really is necessary to go to lawyers and pay hundreds of dollars to do a little paperwork, then I know my Dad will say, "Lets just leave it as it is. It's been fine so far, why change it."

Problem is (and I don't want to tell him this to his face), he's 70 years old, and with his name on my title as half-owner, I could lose half my house if he passes away. I could even lose the whole thing if he had to go to a nursing home if his health were to fail to that degree.

So I'd like to get this done for my protection, but he won't go through with it if he thinks it's too much trouble.

So if there's a simpler way of going about this, I'd really appreciate knowing. There's only the one sheet of paper involved (The warranty deed). If it takes hundreds of dollars to type up a new one, I'd be willing to do it myself.

 

[Torellian]

I recently discovered that a "quit claim deed" is the way to go.

 

[anteater]

I recently discovered that a "quit claim deed" is the way to go.

Was that advice from the same real estate agent that suggested that your dad be made a co-owner "...to protect his interest while I was paying off the loan to him?"

 

[FlyingRon]

Equally as dumb. You guys really screwed the pooch. If he gives it to you at this point, he'll be restricted from medicaid for the next ten years. If he doesn't deed it to you, you run the risk of his interest being attached to pay for his care.

You NEED to do this right.

People who buy and sell property without lawyers and real estate agents frequently get screwed just as you are.

 

[Torellian]

Equally as dumb. You guys really screwed the pooch. If he gives it to you at this point, he'll be restricted from medicaid for the next ten years. If he doesn't deed it to you, you run the risk of his interest being attached to pay for his care.

You NEED to do this right.

People who buy and sell property without lawyers and real estate agents frequently get screwed just as you are.

I was told earlier that the lookback period is only 5 years. I already understand the part about medicaid and lookback periods. I don't think we screwed up necessarily in that case. All I want to do now is take his name off the title while still making sure he gets my house if I died first, and to do it soon so the 5 year period can get started. If I leave his name on the title, Medicaid would be able to take it anyway, so I'd just like to get this started right away to start the clock ticking.

It's just a matter of taking the name off the title in as simple a way as possible, while still being legal. Wouldn't the QC deed be the way to go?

Also, we did have a lawyer at the closing, and he advised us to be listed together as joint-tenants. And we paid hundreds of dollars at that time to try to get it right.

 

[nextwife]

Why didn't the two of you simply have him sell it to you either outright, with him protected by a mortgage to you, or with you buying on a land contract from him? I agree this was a half-brained apoproach. A judgment or old age assistance lien against dad would attach to the real estate the way you guys did this. I can't believe any real estate attorney would recommend doing it this way!

 

[Torellian]

Why didn't the two of you simply have him sell it to you either outright, with him protected by a mortgage to you, or with you buying on a land contract from him? I agree this was a half-brained apoproach. A judgment or old age assistance lien against dad would attach to the real estate the way you guys did this. I can't believe any real estate attorney would recommend doing it this way!

Well, that's what the attorney at the closing suggested, saying it was the best way.

Things like this is another reason I don't want to spend hundreds of dollars for an attorney's advice and a piece of paper. The advice might get me into more trouble anyway. But by going online here, I can get the advice of many different people. That's why I like doing it this way.

 

[Zigner]

Well, that's what the attorney at the closing suggested, saying it was the best way.

Things like this is another reason I don't want to spend hundreds of dollars for an attorney's advice and a piece of paper. The advice might get me into more trouble anyway. But by going online here, I can get the advice of many different people. That's why I like doing it this way.

They say that the person who represents themself has a fool for a client.


The fool mentioned in the saying pales in comparison to your reasoning

 

[Torellian]

They say that the person who represents themself has a fool for a client.


The fool mentioned in the saying pales in comparison to your reasoning

Well, thanks for that Zigner! I'll make you a deal. Since I spent hundreds of dollars last time for an attorney which got me into this mess, how about this time, you spend the money for me to go to still another attorney to hopefully get a different result?

 

[nextwife]

Well, that's what the attorney at the closing suggested, saying it was the best way.

Things like this is another reason I don't want to spend hundreds of dollars for an attorney's advice and a piece of paper. The advice might get me into more trouble anyway. But by going online here, I can get the advice of many different people. That's why I like doing it this way.

And this was a RE attorney you consulted for writing the offer? Or an attorney who was there as the closing agent and was not specifically representing you?

The time to have researched the best way to set this up was BEFORE the closing and years of paying!

 

[Torellian]

And this was a RE attorney you consulted for writing the offer? Or an attorney who was there as the closing agent and was not specifically representing you?

The time to have researched the best way to set this up was BEFORE the closing and years of paying!

I believe he was there as the closing agent, but he did get fees from us. And we DID research the best way to do it beforehand, at least with the resources I had at the time. This was 10 years ago. Plus, the real estate agent we were dealing with had told us the exact same thing about how to do this. So that's 2 different people who were supposedly experts in the business telling us the same thing.

But instead of looking back to the past as far as what should've been done, I'd like to just know now about what to do in my current situation. Someone here suggested using a Quit Claim deed to simply take my dad's name off the title, but said there are problems with it. He didn't elaborate on what they were. I can print one of these from a source online and, from what I've been told elsewhere, fill it out, have a notary witness my dad and I sign it, and then register it with the title at the Registry office for just the cost of filing it. Is there any reason why NOT to do it this way? If so, I'd just like to know now before going ahead with it if it would be a mistake.