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Transfer of family home

Discussion in 'Other Governmental Matters' started by texavry, Aug 9, 2015.

  1. texavry

    texavry Law Topic Starter New Member

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    A quick back story is my parents where divorce since I was young. In that divorce my mother gained 60% of or family house. Growing up the house needed work but my father would never sign paperwork to have the house worked on. In the end my mom paid off the house but my parents would never sign it over to my brother or sister. When my family and I moved in we took care of old property tax and maintained it going forward. My mother and father finally signed the house over to me. My father got with a lawyer and drafted up the paperwork. I took it to the local court house and turned it in. Months later we tried to get a loan to fix the house. It was then that the bank made me aware we got approved but the IRS had a lean on the house for over 50,000. My father never paid his taxes. He is now retired collecting a government check. Also he has two other properties he owns under other people's names and a bank account under my sisters name. He never made me aware of the back owed taxes and will not go to the IRS building to set up arrangements. They will also not give us any info about it. I don't know what to do. I have already told him I was going to pursue this legal because the IRS told my wife he should have made me aware and the courthouse should have also. Plus he continues to drag his feet over the issue.
     
  2. army judge

    army judge Super Moderator

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    It is the responsibility of the purchaser to determine if a lien exists on the home or property he or she is considering buying.

    The seller doesn't always know if a lien exists against the property.

    You received what is called a "quitclaim" deed, not a warranty deed.

    What's the difference???

    A Warranty Deed offers a a few guarantees from the seller (or the transferor) to the buyer (to the transferee).
    A warranty deed includes a full description of the property, asserting that the seller owns and can transfer full and clear title of the property.
    It also certifies that the property is free of any easements, liens, or other encumbrances on ownership.

    Quitclaim Deeds, on the other hand, are used when the transfer of ownership in the property does not occur as the result of a traditional sale.
    The way you received your property is one example.
    Another example could be one owner relinquishing his or her ownership to the other owner, where two parties own property in common.
    A Quitclaim Deed is commonly used to convey real estate through a Will, perhaps as a gift, maybe property is placed into a trust, or to distribute property as part of a divorce settlement.
    Quitclaim Deeds are also common when someone wants to sell property, but they're not entirely certain what the property boundaries are or whether any other claims can be made on the property.
    The above sentence PROBABLY applies to your father's conveyance to you.
    If you receive property, or the offer of property by "quitclaim deed", its best NOT to accept it until you've done your due diligence; ie... a title search, or contacted a deed registry or insurer.
    Quitclaim Deeds offer NO guarantees of any kind, which means that you could buy a property, receive a Quitclaim Deed, and later find out that the person you bought it from wasn't legally able to sell you the property at all.

    Let me clarify that last sentence, as it does confuse some people.
    In Texas, a quitclaim deed essentially allows Joe to transfer to Molly all of his interest in the property at 123 Shotgun Street, Cut N Shoot, Texas (YES, there IS a Cut N Shoot, Texas, but I digress); and in my example Joe owns NOTHING, as in ZERO percent of the property, and that is what he is selling Molly for the low, low price of $10,000. You see, it isn't fraudulent to sell what you own, in this case NOTHING. Now, arguments are often made to the contrary, and YMMV, so I suggest you avoid the ZERO percent caper, because other charges might issue besides fraud.

    Sorry, you have no theory under which you can successfully bring a lawsuit against dad. However, you remain FREE (as do we all) to bring a lawsuit anyway. After all, some seek that moment of confrontation in the courtroom.


    Should I Use A Quitclaim Deed? By R. Scott Alagood


    Roberts & Roberts Law Firm | Killeen Attorneys | Texas Real Estate Lawyers | About Deeds & Land Title


    Deeds in Texas: It's the Type that Counts! - Texas Legal Docs


    What's the Difference Between Quitclaim and Warranty Deeds?

    What Is the Difference Between a Warranty Deed & Quitclaim Deed?
     
  3. texavry

    texavry Law Topic Starter New Member

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    I know it's not a warranty dead and not called a quite claim dead as well it's called a special warranty deed. What would happen to him if the IRS found out about his bank account that he shares or may not be in his name. Also the properties under other people's names. How will this affect his retirement check.
     
  4. ElleMD

    ElleMD Well-Known Member

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    If the account and homes aren't in his name they are not his. The IRS will not go after assets others permit him to benefit from if they are not his.
     

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