QUESTION

How can I process quitclaim deed?

Asked on Jan 19th, 2012 on Estate Planning - Florida
More details to this question:
My husband and I purchased a home and my son has right of survoirship. Now my husband has a judgement against him before we were married. With all three of us on the deed of this house can they make us sell our home, or should we take my son off? My husband has a way of tricking me into things that works out for him and he has always said he would cheat me out of our home. I want to protect myself.
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1 ANSWER

Typically judgments that are properly filed with the County Clerk create a lien against any property owned by the Defendant in the county where the judgment was filed. This typically means that if the Defendant's property is homestead then the lien just sits there and unenforceable until the Defendant tries to sell or refinance the property; at which time, the lien must be paid. However the transfer of the property by rights of survivorship (and not by transfer of deeds) creates a loophole for this situation; therefore, as long as the property only transfers through the rights of survivorship you should be fine. Here's your other problem, if you titled the property to you, your husband and your son as joint tenants with right of survivorship (and your son is a minor), then you created a situation where you can't transfer the property (i.e. quit claim deed or warranty deed or sale) without everybody signing the deed and if your son is a minor he cannot sign the deed and you can't sign the deed for him without going to Court and getting a guardianship for the property of a minor (you should consult legal counsel to go over the one exception to this rule). If your son is not a minor, then you still need everyone to sign the deed in the order to transfer the property. It is typically not a good idea to put real property in a child's name.
Answered on Feb 06th, 2012 at 8:12 AM

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