How do I remove my daughter from my property deed? 3 Answers as of December 07, 2015

My broker told me I did not qualify for the size of mortgage I needed due to the debt I had. He suggested since my daughter lives with me and would be staying on in a new home, her income could get me approved. Sure enough, instant approval! He put her name on the deed and mortgage. I made it clear to him she is on their in name only in order to qualify. I have a will and it stipulates that upon my death, both children inherit equally. To my horror, I actually sit down and read the mountainous paperwork that the lawyer provided. It showed my daughter and I as joint tenants, on deed and mortgage as well. Just recently, she has told me she will be moving in with her boyfriend and I need to sell the house and give her half??!!! I about had a coronary. She pays me cash each month for food and rent as I call it, and no receipts. Everything comes out of my account including, mortgage, property tax, utilities, renovations, insurance. I worked very hard to build this retirement cushion and I am at a loss of how to move her to do a quit claim. She is a force to reckon with and very much a materialistic person. Any advice would be greatly appreciated.

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Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Obtain the service of a lawyer in elder abuse.
Answer Applies to: California
Replied: 12/7/2015
Law Offices of George H. Shers | George H. Shers
Since the bank would not allow you to get a loan without her on the mortgage and thus title, you probably can not get around that. This is why most attorneys advise parents not to put their children on the deed. See if she is willing to change the ownership to tenants in common as that was what you intended [on your death, she keeps her half and your other child, through the Will or Trust gets your entire other half]. She probably will not agree. See if the title company will make the change on the basis you informed them the ownership should be in common; if you did tell them, you may have the basis of a suit against them, but you should have read that one page saying how title would be taken before signing. Joint owners, whether in common or jointly, can not force the other to move out or sell the house except by filing an action in partition, which may cost at least $15,000. See if you can buy her co-operation. Point out that if she does not co-operate, you might as well stop making your part of the mortgage and other payments and the house will be foreclosed on.
Answer Applies to: California
Replied: 12/7/2015
WFB Legal Consulting, Inc.
WFB Legal Consulting, Inc. | William F. Bernard
A joint tenancy is a form of joint possession of real property. Joint tenancy is similar to tenancy in common in that certain rights and duties come with joint tenancy, but joint tenancy includes a right of survivorship. A right of survivorship means that if a joint tenant dies, their interest in the land passes to the other joint tenant(s). The surviving joint tenant(s) have a right to the whole estate. Thus, when a joint tenant dies, they may not pass their share on to their heirs. Joint tenants are entitled to possess and use the entire property, even though they only own a share of it. In order for a joint tenancy to exist, four conditions, or unities, must be met: - All tenants acquired the property at the same *time* - All tenants have an equal* interest* in the property - All tenants acquired *title* by the same deed or will - All tenants have an equal right to* possession* If any one of the four unities has not been met, or if it is unclear whether a joint tenancy has been formed, most courts will presume that the more favored tenancy in common has been formed. In order to terminate a joint tenancy, one of the four unities must be destroyed. You may do this by conveying your joint tenancy interest to any third person. This can be done through gift or sale. Upon termination, a tenancy in common is formed between the third person and the remaining co-tenant(s). A joint tenant may transfer their interest unilaterally and without the knowledge or consent of the co-tenant(s). If you want to terminate your joint tenancy, and still retain an interest in the property, you have a few options. - First, you and your co-tenants can agree to convert the joint tenancy into a tenancy in common. - Second, you may unilaterally, and without the knowledge or consent of your co-tenant(s), transfer your share to a third person who is acting as a straw-man. This straw-man will then transfer your share back to you. However, because the four unities no longer exist, you now own a share as a tenant in common. The modern trend among states is to allow unilateral conversion of a joint tenancy to a tenancy in common without the use of a straw-man. Many states now allow a joint tenant to simply transfer their own interest to themselves, thus eliminating the need for a third person as a straw-man. It is important to note that some states, like California , require the severance to be recorded for it to be valid. An unrecorded severance may reserve a right of survivorship for the non-severing tenant. - Third, you can seek judicial partition . There are two kinds of partition: Partition in kind is physical division of the land. The court decides how to split up the land between co-tenants so each receives a portion equal to their share. If the court is unable to equitably split up the land, then partition by sale will be used. In partition by sale, the court forces the sale of the property and each co-tenant receives their share of the profits.
Answer Applies to: California
Replied: 12/7/2015
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