Quitclaim Deed

[NCIS]

What is the name of your state? Florida
My sister is trying to get me to relinquish myself from a Quitclaim Deed that she created almost 15 years ago. She is the Grantor, and she listed her husband and me as Grantees. It was witnessed, notarized, and recorded with the court in 2010. She is saying it's not legal because her husband did not sign the Deed when she created it. The original Quitclaim Deed was in my sisters name only, her husband was not on the original Quitclaim Deed. She then created this Quitclaim Deed listing myself and her husband as Grantees, but now she say's it's not legal.
Can someone help me?

 

[Zigner]

You will want to speak to an attorney for assistance.

 

[adjusterjack]

a Quitclaim Deed that she created almost 15 years ago. She is the Grantor, and she listed her husband and me as Grantees.

And did not include herself as grantee?

Why did she do that?

It was witnessed, notarized, and recorded with the court in 2010. She is saying it's not legal because her husband did not sign the Deed when she created it.

I don't believe that grantees have to sign a quitclaim deed.

She then created this Quitclaim Deed listing myself and her husband as Grantees, but now she say's it's not legal.

It could very well be legal and she might not be an owner of the property anymore.

So, yes, do consult a real estate attorney.

Is she divorcing her husband?

 

[NCIS]

And did not include herself as grantee?

Why did she do that?



I don't believe that grantees have to sign a quitclaim deed.



It could very well be legal and she might not be an owner of the property anymore.

So, yes, do consult a real estate attorney.

Is she divorcing her husband?

My sister was originally a Grantee, no one else just her on a Quitclaim Deed, my mother was the Grantor, my mother created that one. When my mother passed away, my sister created a Quitclaim Deed, listing myself and her husband as Grantees, and she is the Grantor. She did not list herself as a Grantee on it. She did this so that if something happened to her, myself and her husband would each be 50/50 ownership.

She is saying that when she created the Quitclaim Deed, that her husband should have signed something allowing a Quitclaim Deed to be made.

They are still married, they married in the 80's.

She is trying to get me to relinquish my part as a Grantee, so that she can create something new, not put me back on as any type of Grantee again. She wants to leave everything to her daughter.

I feel like she is tricking me into signing my self off of the Quitclaim Deed. Like a reversal or something.

I live in the home, it was our parents home originally. I have lived here for almost 15 years, since 2010.

I am refusing to sign anything...!

 

[NCIS]

You will want to speak to an attorney for assistance.

Thank you for your response. I plan on talking with an attorney, just thought I could get some information here on the forum.

 

[adjusterjack]

I'm going to make a few comments that I think are correct but I am not a lawyer so you should definitely consult one.

The first thing you have to understand is that when a property owner signs a quitclaim deed in favor of another, the owner is GIVING UP OWNERSHIP of the property. When your mother quitclaimed the property to your sister your mother was no longer the owner, your sister became the owner and your mother had nothing further to do with the property.

When your sister quitclaimed the property to you and her husband she GAVE UP OWNERSHIP. She no longer has any control over the property. She doesn't own it anymore. I can't emphasize that enough.

You and her husband are the owners. Full stop. She has nothing to say about the property.

She is saying that when she created the Quitclaim Deed, that her husband should have signed something allowing a Quitclaim Deed to be made.

That may have been required if she was selling her house to someone else and her husband might have been required to acknowledge that he was not claiming a marital interest in the home.

However, I don't think that's the case here because she GAVE him half ownership of the property along with GIVING you half ownership.

A word about ownership for a moment. In Florida when two unmarried people own property together the default presumption is "tenants in common" unless a different type of ownership is specified on the deed.

Important question: Is there a different type of ownership specified on the deed?

With tenants in common each owner has a 50% interest and can do what they want with their 50%. Theoretically, her husband can quitclaim his 50% back to her, and you and she would each own 50%. She, in turn, can quitclaim her 50% to her daughter and then you and her daughter would each own 50%

She is trying to get me to relinquish my part as a Grantee, so that she can create something new, not put me back on as any type of Grantee again. She wants to leave everything to her daughter.

I feel like she is tricking me into signing my self off of the Quitclaim Deed. Like a reversal or something.

Your sister cannot compel you to GIVE her your 50% ownership.

I live in the home, it was our parents home originally. I have lived here for almost 15 years, since 2010.

I had a feeling you were going to say that. I'll bet you have put money into repairs, maintenance, upgrades, etc, which have seriously increased the market value of the property in the last 15 years.

You should be compensated for that. On the other hand, if you have been living rent free for 15 years, maybe not.

I am refusing to sign anything...!

Well, there is a potential downside to all this. It's called a "Partition Action." Read about it at:

How an Action for Partition Works in Florida | DeLoach, Hofstra & Cavonis, P.A. (dhclaw.com)

You'd still have some leverage because the litigation is expensive, your sister would either have to have her husband file it or give his half interest to her, the property would have to be sold at auction where it would not get top dollar and, of course, the property would no longer be in the family. The risk to you is that you would no longer have a place to live and would have to rent or buy at today's prices. Which might not be too hard to take if you walk away with half the proceeds from the sale of the property.

 

[NCIS]

I'm going to make a few comments that I think are correct but I am not a lawyer so you should definitely consult one.

The first thing you have to understand is that when a property owner signs a quitclaim deed in favor of another, the owner is GIVING UP OWNERSHIP of the property. When your mother quitclaimed the property to your sister your mother was no longer the owner, your sister became the owner and your mother had nothing further to do with the property.

When your sister quitclaimed the property to you and her husband she GAVE UP OWNERSHIP. She no longer has any control over the property. She doesn't own it anymore. I can't emphasize that enough.

You and her husband are the owners. Full stop. She has nothing to say about the property.



That may have been required if she was selling her house to someone else and her husband might have been required to acknowledge that he was not claiming a marital interest in the home.

However, I don't think that's the case here because she GAVE him half ownership of the property along with GIVING you half ownership.

A word about ownership for a moment. In Florida when two unmarried people own property together the default presumption is "tenants in common" unless a different type of ownership is specified on the deed.

Important question: Is there a different type of ownership specified on the deed?

With tenants in common each owner has a 50% interest and can do what they want with their 50%. Theoretically, her husband can quitclaim his 50% back to her, and you and she would each own 50%. She, in turn, can quitclaim her 50% to her daughter and then you and her daughter would each own 50%



Your sister cannot compel you to GIVE her your 50% ownership.



I had a feeling you were going to say that. I'll bet you have put money into repairs, maintenance, upgrades, etc, which have seriously increased the market value of the property in the last 15 years.

You should be compensated for that. On the other hand, if you have been living rent free for 15 years, maybe not.



Well, there is a potential downside to all this. It's called a "Partition Action." Read about it at:

How an Action for Partition Works in Florida | DeLoach, Hofstra & Cavonis, P.A. (dhclaw.com)

You'd still have some leverage because the litigation is expensive, your sister would either have to have her husband file it or give his half interest to her, the property would have to be sold at auction where it would not get top dollar and, of course, the property would no longer be in the family. The risk to you is that you would no longer have a place to live and would have to rent or buy at today's prices. Which might not be too hard to take if you walk away with half the proceeds from the sale of the property.

First...Thank you so much for your help and information. I greatly appreciate it.

You asked:
Important question: Is there a different type of ownership specified on the deed?

No, only this:
On the Quitclaim Deed, just below the property description, she put this on there:
"The Grantor herein reserves unto herself a life estate with the remainder interest to the grantees".

Which means she can live here until her death.

Since I do live in the home, at my own expense I do make repairs, keep up the maintenance on the home. I was paying half of the taxes, and paying all of the insurance on the home until she told me that she would take over paying it.

I feel like she is trying to trick me. She came to me telling me that her and her husband went to a lawyer to set up their estate planning. She said I would receive a letter from her lawyer, and a paper/form included in the letter. She said I needed to sign the paper/form in order to relinquish myself from the Quitclaim Deed.

I don't want to relinquish myself from the Quitclaim Deed. I feel like they want me off just so they can leave it to one of their daughters. I feel like they are doing this out of retaliation, because I would not sign papers to allow their daughter to build a house on this land.

She said....that if I didn't sign the papers/form, relinquishing myself from the Quitclaim Deed that she would take me to court. I feel this is a threat.

I am upset, I don't trust her, her husband, or her daughter. I feel like I'm being lied to and tricked into signing away my rights as a Grantee on the Quitclaim Deed.

She just says to me, it's not a legal Quitclaim Deed because her husband didn't sign papers allowing her to create the Quitclaim Deed. He was never on the original Quitclaim Deed, the one my mother created for my sister. And the home was never up for sale.

If you can help I would appreciate it very much.
Thank you...

 

[adjusterjack]

No, only this:
On the Quitclaim Deed, just below the property description, she put this on there:
"The Grantor herein reserves unto herself a life estate with the remainder interest to the grantees".

Which means she can live here until her death.

Right.

Since I do live in the home, at my own expense I do make repairs, keep up the maintenance on the home. I was paying half of the taxes, and paying all of the insurance on the home until she told me that she would take over paying it.

She can do that but she can't take away your half interest without your consent.

I feel like she is trying to trick me. She came to me telling me that her and her husband went to a lawyer to set up their estate planning. She said I would receive a letter from her lawyer, and a paper/form included in the letter. She said I needed to sign the paper/form in order to relinquish myself from the Quitclaim Deed.

When you get the letter and the form it's probably time to consult an attorney of your own choosing.

She said....that if I didn't sign the papers/form, relinquishing myself from the Quitclaim Deed that she would take me to court. I feel this is a threat.

Of course it's a threat. People threaten litigation all the time to get what they want. But that's all it is, just a threat, that you are free to ignore.

That is, until you are served with a lawsuit. Then you'll really need a lawyer.

Can you afford to hire a lawyer? Could cost you $10,000 to $20,000 to litigate.

Can you afford to get your own place if you lose the litigation?

She's going to have to decide how much money she is willing to spend on getting the property back.

You're going to have to decide how much money you are willing to spend fighting her.

Maybe you should consider offering to sell her your interest for enough money to buy your own place and get away from your toxic relative.

 

[NCIS]

Right.



She can do that but she can't take away your half interest without your consent.



When you get the letter and the form it's probably time to consult an attorney of your own choosing.



Of course it's a threat. People threaten litigation all the time to get what they want. But that's all it is, just a threat, that you are free to ignore.

That is, until you are served with a lawsuit. Then you'll really need a lawyer.

Can you afford to hire a lawyer? Could cost you $10,000 to $20,000 to litigate.

Can you afford to get your own place if you lose the litigation?

She's going to have to decide how much money she is willing to spend on getting the property back.

You're going to have to decide how much money you are willing to spend fighting her.

Maybe you should consider offering to sell her your interest for enough money to buy your own place and get away from your toxic relative.

How can she sue me?
What would she sue me for?
It's a legal Quitclaim Deed.

 

[quincy]

How can she sue me?
What would she sue me for?
It's a legal Quitclaim Deed.

Apparently your sister believes the quitclaim deed is somehow defective. She potentially could go to court to void the deed.

 

[NCIS]

It's not defective in any way.

She is trying to get me to relinquish my interest, release it back to her.

 

[quincy]

It's not defective in any way.

She is trying to get me to relinquish my interest, release it back to her.

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.

 

[NCIS]

Thank you for your response, I appreciate your help.
She is saying that if I don't sign papers to relinquish my interest back to her, then she will sue me. There is nothing wrong with the Deed. She is using threats.
She has never contested the validity of the Deed before.

 

[quincy]

Thank you for your response, I appreciate your help.
She is saying that if I don't sign papers to relinquish my interest back to her, then she will sue me. There is nothing wrong with the Deed. She is using threats.

That’s what it sounds like.

 

[NCIS]

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