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Old 11-09-2008, 11:43 AM
 
2 posts, read 12,939 times
Reputation: 15

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Hello every one:
My parents are separated and now my mother wants to make a quick claim deed of their house to me?
She is currently paying the mortgage with no help of my father.
My father does not want to sell the house and lives abroad.
Can she do that without my father being present?
Please advice. Thanks for all the help

Last edited by BstYet2Be; 11-09-2008 at 11:10 PM.. Reason: moved from the San Antonio Forum for more answers
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Old 11-09-2008, 12:01 PM
 
4,796 posts, read 13,738,177 times
Reputation: 2710
Quote:
Originally Posted by transit View Post
Hello every one:
My parents are separated and now my mother wants to make a quick claim deed of their house to me?
She is currently paying the mortgage with no help of my father.
My father does not want to sell the house and lives abroad.
Can she do that without my father being present?
Please advice. Thanks for all the help
First of all....is your mother in San Antonio? Texas? We have to know that first because state laws are different concerning community property. In Texas it's 50/50. If both names are on the deed, your father would need to "Quitclaim" any interest he has in the property, which would most likely be done after the divorce proceedings and property division. A Quitclaim deed is a legal document releasing a property owner of any claim to real property. Your mother cannot give away his half of the property. If your father files a Quitclaim, your mother can convey the property to you, but not via a Quitclaim deed. You would have to already own part of it for her to do that. Sounds like she needs to talk to her divorce attorney for advice. She/he will be able to advise on the division of real estate. If the real property is substantial, you may need to counsel with a real estate attorney to make sure you avoid exorbitant taxes by acquiring anything of value. You may have to actually "purchase" it in some form (if recommended by your attorney) to protect yourself.

Good luck!
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Old 11-09-2008, 12:01 PM
 
Location: Mid South Central TX
3,183 posts, read 7,435,370 times
Reputation: 2189
Quote:
Originally Posted by transit View Post
Hello every one:
My parents are separated and now my mother wants to make a quick claim deed of their house to me?
She is currently paying the mortgage with no help of my father.
My father does not want to sell the house and lives abroad.
Can she do that without my father being present?
Please advice. Thanks for all the help
Probably not, as Texas is a community property state, and most likely would require both parties to agree. However, I would seek the advice of a professional.

BTW, it's a "quit" claim deed
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Old 11-09-2008, 12:23 PM
 
Location: San Antonio
11,941 posts, read 12,829,761 times
Reputation: 17187
Quote:
Originally Posted by pobre View Post
Probably not, as Texas is a community property state, and most likely would require both parties to agree. However, I would seek the advice of a professional.

BTW, it's a "quit" claim deed
I always thought it was "quick claim" My mom had to get one after my dad died ( they were divorced).
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Old 11-09-2008, 12:46 PM
 
616 posts, read 1,857,833 times
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Quit claim deeds become a big problem when it comes time to sell the house, as title companies HATE them in community property states, and will demand that your father produce a warranty deed transferring his share of the property to your mother. So a QCD won't actually help in this situation.

What a quit claim deed says, in effect, is: "IF I had any interest in this property, I give it up in favor of you." It doesn't actually convey title in the way that a warranty deed or a gift deed does. They work really well in some situations, but not in others.

I would seriously consider finding a real estate lawyer to help you out, as this is the sort of situation where a little bit of time and money spent now will keep you from spending a lot of money, and a lot of time, frustration, aggravation, etc. in the future.
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Old 11-09-2008, 10:17 PM
 
Location: NW San Antonio
2,953 posts, read 8,623,528 times
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Yes, a Special Warranty Deed is much better, and will be accepted by Title companies more readily
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Old 11-10-2008, 07:49 AM
 
25,879 posts, read 39,142,774 times
Reputation: 13869
Quote:
Originally Posted by pobre View Post
Probably not, as Texas is a community property state, and most likely would require both parties to agree. However, I would seek the advice of a professional.

BTW, it's a "quit" claim deed
I recently saw a QCD done by a couple while they aren't getting a divorce but the have financial trouble...HOA lien, property taxes delinquent, mortgage lis pendens....isn't that even allowed if you have a mortgage to do so without approval of the mortgage company?
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Old 11-10-2008, 10:28 AM
 
1,151 posts, read 2,674,239 times
Reputation: 248
Quote:
Originally Posted by transit View Post
Hello every one:
My parents are separated and now my mother wants to make a quick claim deed of their house to me?
She is currently paying the mortgage with no help of my father.
My father does not want to sell the house and lives abroad.
Can she do that without my father being present?
Please advice. Thanks for all the help
The simple answer is yes, she can quit claim the house to you. The question is, what will you get? If your father owns 1/2 of the house, you will only get your mom's 1/2. The fact that your mom is paying the mortgage doesn't mean that your dad doesn't own 1/2 of the house. If you mom has her deed, check to see if your dad's name is also on it. But even if his name isn't on it, there are other ways that your dad can be considered an owner. A local attorney would need to guide you.

But there is really no reason to use a quit claim deed here. It doesn't solve any problems for you or help your mom get rid of your dad's interest in the house.
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Old 11-10-2008, 05:01 PM
 
Location: A little suburb of Houston
3,702 posts, read 16,330,595 times
Reputation: 2060
Also be aware that if you change the title to the property, the mortgage company can and probably will call in the mortgage on the property...meaning pay up now. An attorney should also look at the clauses in your mother's mortgage documentation.
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Old 11-10-2008, 06:02 PM
 
1,305 posts, read 2,161,317 times
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The other thing to think about is the tax implication of the transfer. If your mother quit-claims 1/2 or whatever (and assume that you don't pay her fair market value in cash), the government calls it a gift and gift taxes are due for the property....
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