Dont know what to do?

[DakotaJosh]

What is the name of your state (only U.S. law)? Va
My uncle bought land when I was going to college and put it in both our names. He deeded off some for my house so I could do my mortgage so this part has just my name on it. The rest is still in both our names, now because I met someone one and the whole family is not happy with me he has a paper waiting at my moms for me to sign and get notarized taking my name off and putting my moms on it. I don't want to sign it, do I have to?

Of course anything I have will go to my kids, this being the reason my mom said he was changing it. It is put in the deed future wives or husbands have no claim don't know if that really means anything or not. I know in Virginia that what you have going into a marriage is yours anyway.

Any advice would be so much appreciated.

Thank you.

 

[FarmerJ]

Josh no you dont have to sign anything you do not agree with since the deal was made already with out additional strings put into writting to start with so instead if your really concerned about it remaining yours then I would say talk to a divorce atty to learn first if a pre nup would help make sure it doesnt become part of any property battle later and exactly what extra things you might be able to do to keep it that way like say establishing a separate non joint bank acct to use for any expenses related to the land you own with your uncle. Also beware in the future if uncle wants to you to buy him out and you refuse he can ask the courts to do so via partition and order a sale. But for now no you dont have to sign anything. Use the links up top to locate a atty to answer questions about pre nups.

 

[justalayman]

I don't want to sign it, do I have to?

no and he cannot take your interest without you allowing it.

Tell him you are quite happy with the way it is and leave it at that.

Of course, if you are willing to sell your interest, you can also do that. That may be in your best interest since this appears to be the beginning of a feud.

 

[DakotaJosh]

thank you for your response, I do want to keep it the way it is. I have my house fixed so that it goes to my two boys along with my life insurance. His reason that he gave my mother is so that it will go to my boys. This being the reason he wants my name off and to put it in his and my mothers name. I would even consider it having my mothers name added to it so that my uncle would feel better that she would have to agree to something if I wanted to sell. My mother is 71 and my uncle is 85 so I would like to keep it in my name for my kids like planned.

The deed wont let it be divided into less that 5 acres and my house is on 1 and the rest is 7 but it has to be family, can't be sold like this.

So what your saying is he can't make me sign it over even if he paid for it to start in 1990.

Thank you so much.

 

[FarmerJ]

A atty who practices in elder law can tell you more details but I suspect that if there was to be any change in the title of the property now and your mom or uncle needed to be in a nursing home the property could be forcibily sold to pay for that care. So there may be risk of that happening if current title were to change so thats another possible reason for it to be left alone.