Changing the Ded (title?)

[Kodo]

Jurisdiction

Florida

My father owns a condo in Boca Raton FLA, he wants to remove my Sister as the JOWRTS and add myself and my brother. He only owns 50% of the condo. He shares it with his lady friend who has her daughter as the JOWRTS. I live in Michigan my brother in Texas.

Even if one of us are on that's fine also. But he wants my sister off.

Thank you in advance, if further information is needed feel free to ask.

 

[Foamback]

Your sister has to accede to the change, which human nature suggests may not be a sure thing.

as far as the GF's daughter et al being JTWROS, wholly mackerel, what a mess is in the offing.

 

[adjusterjack]

he wants my sister off.

Then he will have to get her to sign over her ownership interest via a quitclaim deed.

What did she say when she was asked to do that?

 

[Kodo]

Then he will have to get her to sign over her ownership interest via a quitclaim deed.

What did she say when she was asked to do that?

I probably should have added, my sister wants off the condo. My dad will be 90 and if something happens to him she cant afford the HOA & fees, etc. So we only need her to sign it over via a quick claim deed? The other parties do not need to sign off?

Thank you for the fast response.

 

[Kodo]

Your sister has to accede to the change, which human nature suggests may not be a sure thing.

as far as the GF's daughter et al being JTWROS, wholly mackerel, what a mess is in the offing.

Yes my Dad setup a serious future mess.

 

[adjusterjack]

So we only need her to sign it over via a quick claim deed?

It's quitclaim not quick claim.

Have a lawyer prepare it, get her to properly sign it, and make sure it's recorded in the county records.

 

[zddoodah]

My father owns a condo in Boca Raton FLA, he wants to remove my Sister as the JOWRTS and add myself and my brother. He only owns 50% of the condo. He shares it with his lady friend who has her daughter as the JOWRTS.

So...the condo is jointly owned by four people:

1. Your father
2. Your sister
3. Your father's girlfriend
4. Your father's girlfriend's daughter

Correct?

Please explain what the acronym "JOWRTS" means. I've never seen that acronym. It's similar to "JTWRS," which means joint tenancy with the right of survivorship, and I assume the "O" stands for ownership, but I googled and got no results other than this thread.

If the above is correct, then your father has no way to "remove [your] sister" from title unless she is willing to sign a deed giving up her ownership interest.

my sister wants off the condo.

OK...she is free to deed her ownership interest to whomever she wants.

My dad will be 90 and if something happens to him she cant afford the HOA & fees, etc. So we only need her to sign it over via a quick claim deed?

I assume you mean when (not if) he dies. In any event, it's a quitclaim deed, not "quick claim."

The other parties do not need to sign off?

Correct. However, why do you and your brother - residents of Michigan and Texas - want to own a condo in Florida with your father and his girlfriend and her daughter? Keep in mind that the condo board by-laws may impose limitations on title transfers. Also, if a joint tenancy exists, the transfer of your sister's interest might destroy the joint tenancy if the others don't sign off.

 

[Zigner]

Please explain what the acronym "JOWRTS" means. I've never seen that acronym. It's similar to "JTWRS," which means joint tenancy with the right of survivorship

It can also be written as "JTWROS" which is closer to what the OP wrote.

 

[flyingron]

The poster (and his relatives) should realize that adding someone to a deed isn't like some club membership or even changing your will. You're irrevocably giving some share of the property to another person for them to do what they want with it. With the exception of certain situations (married couples), it's almost always the WRONG way to handle disposition of the property in the event of the death of the original owner.

Before any quitclaiming or anything else gets done, the parties should sit down with an attorney and figure out just what it is they are trying to accomplish.