QUESTION
How do we get our house back as sole owners?
Asked on Sep 22nd, 2013 on Estate Planning - Michigan
More details to this question:
Two years ago, we decided to add our 2 adult children to our home deed. Big mistake, lots of bad feelings from our daughter against our son and his wife. We want them to sign it back to us as sole owners. We pay all taxes and everything. Our son and his wife agreed but our single daughter said no way. What can we do to get our home back into our names again? What options do we have? We want to sell and relocate.
19 ANSWERS
William M Stoddard
Just proceed to list the house for sale. But understand that the proceeds from the sale will be split three ways. Your one child might give up the right to the share coming. But the other child gets inheritance early. Then when you estate plan, you leave what you planned to give to both to the one only and mention that the child got hers before when the house sold. This child cannot keep you hostage in the house. It sounds like your have two to one votes. You may have to a partician action to force her to sign the final selling documents. But partners in property cannot force the other partners to stay as partners. The court will not stand for it.
Answered on Sep 28th, 2013 at 4:00 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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This is one of the many pitfalls of adding a child to a deed. Unfortunately, in putting her name on the deed, you have essentially made a gift to her of a portion of your property. In order to sell the property, you will have to have her cooperation as she is now a co-owner of the property. One way you can get her to give the property back to you is to charge her for the taxes you have been paying on the property and from now on when it is owed. Maybe making her financially responsible for her portion of the expenses of the property will get her to agree to give it back or cooperate if you sell the property. You can also retract the gift but it may have to be done by filing suit against her since she sounds like she won't cooperate.
Answered on Sep 27th, 2013 at 3:23 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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I hope everybody out there reads your post. Never a good idea to give away your house, even to your kids. I hope you have other assets, because of course the best strategy is to tell daughter that she's out of the will: she'll have her share of the house, but that's all she'll have, her brother will get everything else. If that doesn't bring her around, you can sue her. I'm not sure exactly what the theory would be, but it should be possible to come up with something. Or how about this: stop paying the taxes. See if she wants to pay, or be named in the county's foreclosure action. I assume you're older and retired, you don't have to worry about your credit rating. You may be getting the picture that, one way or the other, you're going to have to play hardball.
Answered on Sep 25th, 2013 at 4:50 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You're right. It was a big mistake.
Answered on Sep 25th, 2013 at 3:08 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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This is the reason I strongly recommend against adding beneficiaries to the title of houses as a "simplified" estate plan.. it can severely MUCK things up. IN MICHIGAN If you added them as "Joint Tenants with Right of Survivorship" you can do nothing unless your daughter agrees so sign her rights back to you. Michigan law is clear on this point. If you added them as "Tenants in Common" or "joint tenants" you actually have to sue her to get her name removed from the lawsuit.
Answered on Sep 25th, 2013 at 3:03 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, you have acted without advise and it has backfired. It MIGHT be possible to reverse.
Answered on Sep 25th, 2013 at 2:57 AM
Car Accidents Attorney serving Mandeville, LA
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Olivier Law Firm, LLC
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You can only sell it with her permission, and she would get her % off the net proceeds. Your best bet is to buy her out. Its an expensive lesson for you to learn, but its the best way. Have a fair market value appraisal done. If she is okay with not getting the net cash, offer her the same percentage of your new home.
Answered on Sep 25th, 2013 at 2:36 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You can take her to court and ask a judge to award you the home. There is no way to say for sure whether a judge will agree, however. This is one of the reasons why you should have done your estate planning through an attorney. An attorney could have safely structured things to avoid the mess you are in. Unfortunately, if your daughter does not agree and you do not want to take her to court, you need to meet with an attorney, now, to decide how to proceed.
Answered on Sep 25th, 2013 at 1:28 AM
Unfortunately, when you signed the deed transferring a portion of your home to your daughter, she became an immediate joint owner of your property. Now, you cannot force her to gift her ownership interest back to you. However, you can initiate a partition action in which you ask a judge to order the sale of the property. Beware, however, that a partition action can be time consuming and costly, and will most likely cause additional turmoil within your family. At closing, your daughter will be entitled to her share of the net proceeds. A less costly solution may be to simply purchase your daughter's interest in your property from her and then "even things out" within your estate plan.
Answered on Sep 24th, 2013 at 7:01 PM
3 Awards
If she does not agree you would need to sue her in a quiet title action. I urge you to speak with an attorney to address approaching her first to try to resolve it.
Answered on Sep 24th, 2013 at 6:04 PM
If one of the owners of a co-tenancy does not want to sell, the other owners (you) can go to court in a partition action and get a court ordered sale. It is expensive and awkward, better to agree among yourselves.
Answered on Sep 24th, 2013 at 6:03 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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There is nothing you can do. You gave her an interest and once you gave it, is gone. All you can do is sell the house and giver her her share.
Answered on Sep 24th, 2013 at 6:03 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Legally, probably nothing. You made a gift. This is part of why I caution people all the time not to add children to the deed in an attempt to avoid probate. If it's a joint tenancy, you can sever it, but you'll just be a part-owner. In theory, you can sell your fractional interest, but it's not easy. The old "I'll cut you out of my will" trick might work. Or maybe work out a financial settlement.
Answered on Sep 24th, 2013 at 6:02 PM
Sell your and your son's interests in the property to your daughter. Get an appraiser to determine a fair market price and require daughter to obtain financing in her own name before signing over the house.
Answered on Sep 24th, 2013 at 6:02 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of a real estate litigation lawyer to file a petition to partition for the purpose of determining the value, and selling the property, with the one son deeding back to you, and settling with your daughter for a price?
Answered on Sep 24th, 2013 at 6:02 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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Obtain an attorney who specializes in these issues. You can take the soft approach and have an attorney send her a letter or take her to court to have her name removed.
Answered on Sep 24th, 2013 at 5:59 PM
Thomas Edward Gates
Unfortunately, as an owner of the property the only way you can have sole title holder is your daughter Quit Claiming her interest in the property to you. Her failing to do so, prohibits you selling the property without her approval.
Answered on Sep 24th, 2013 at 5:59 PM
2 Awards
You are in a difficult situation. The only thing you can do is file a quiet title action and state that your children were added for convenience only and that your daughter is now refusing to give it back to you. There are no guarantees but that is really your only chance.
Answered on Sep 24th, 2013 at 5:18 PM
You may need to retain an attorney to help you. If the deed to your children is considered gifts and they are part owners of the house, you may have to buy her out.
Answered on Sep 24th, 2013 at 5:05 PM