#FamilyDisputes #LegalAdviceNeeded 🏠
Hey there! I’m sorry to hear about the situation you’re facing with your father. It can be really tough dealing with family disputes, especially when it involves legal matters like property ownership. Let’s break down the steps you can take to navigate this difficult situation.
##Understanding the Situation
It’s important to understand the legal aspects of joint tenancy and property ownership. In joint tenancy, all owners have equal rights to the property. However, if one owner wants to remove another from the title, they may need to go through a legal process.
##Seek Legal Advice
Since your father is threatening to take you to court, it’s crucial to seek legal advice as soon as possible. A lawyer specializing in property law can help you understand your rights and options in this situation. They can also provide guidance on how to protect your interests during any legal proceedings.
##Gather Evidence
To support your case, it’s helpful to gather any relevant evidence that may demonstrate your ownership rights to the property. This could include documents showing your contribution to the property, financial records, or any communication with your father regarding the ownership arrangement.
##Open Communication
Try to have an open and honest conversation with your father about your concerns and feelings regarding the situation. It’s possible that there may be a misunderstanding or miscommunication that can be resolved through dialogue. If needed, consider involving a mediator to facilitate the discussion.
##Consider Your Options
If your father does proceed with legal action, you’ll need to carefully consider your options. This could include negotiating a settlement, contesting the legal proceedings, or seeking alternative solutions to resolve the dispute.
##Final Thoughts
Remember, navigating family disputes and legal matters can be challenging, but you don’t have to go through it alone. By seeking legal advice, gathering evidence, and exploring your options, you can better prepare yourself for the road ahead. Stay strong and take care of yourself during this stressful time. I hope everything works out for the best for you and your family. 🌟
Do you have any other questions or need further guidance? Let me know how I can help!
It’s probably an empty threat. But if he can prove your name got onto the title due to fraud or something perhaps there is a case. Nobody here could possibly have any idea.
a co owner can force the sale of a shared property. but it’s expensive and a bad outcome for everyone.
People threaten court action all of the time. Some of them even consult with a lawyer to hear they have no case. Do not react to threats.
NAL but have owned property. Talk to a real estate lawyer. This is not a one answer fits all question. But, do not sign anything until you get a consult. The first one is usually free or very reasonable.
Edit..spelling
Not a lawyer. I would think you would have to voluntarily quit claim your ownership. And I would not do that unless he bought out your interest in the property. In your shoes I would let him buy me out if he met my asking price.
Being forcefully removed from a deed is a big freaking deal and I believe the circumstances that would lead a judge to issue that order, would be extraordinary.
Let him bluster and threaten and keep records of all emails and texts of him trying to intimidate you to quit claim. Judges do not appreciate that kind of behavior and it’s illegal.
NAL
You’re part owner, for whatever reason. As long as your name came onto the deed legally, you’re entitled to be bought out of your share of the home. He would have no grounds to sue you out of those rights and if he did, him on your sister would have to pay you your half of what the home appraises at. That’s how ownership works.
The only way around it is if you fraudulently got added to the deed, or it can be proven you’re not holding up your end of the ownership (not paying whatever you’ve agreed to pay as half owner of the property), and if that can be proven you could be legally removed as half owner and not paid anything.
Consult with a real estate lawyer as they’d be familiar with the laws in your state. Don’t sign anything until you’ve at least gotten a consult. And definitely don’t sign anything that doesn’t have you being bought out of your share of the property. You’ll likely be entering into a very strained if any relationship with your dad and sister after this, don’t go into that empty handed.
NAL. Under what circumstances were you added to the deed of the house? That will be the primary factor deciding whether or not your father has a case.
If you co-purchased the home with your father or you legitimately inherited a stake in the home he can’t just force you to give that up. You can negotiate a sale of your portion of the home, but you are under no obligation to just transfer your portion over to your sister.
Pretty sure he has to buy you out. If there was NO fraud putting you on the deed years before I don’t believe he has legal grounds to remove you from the deed .
You’ve neglected to mention how you obtained your interest in the house. Did you each buy it half-and-half and did you put up half the consideration? I assume if you did you would’ve said so. Did your father gift you half of it and changed his mind?
If you’re both on the title and nothing was done fraudulently, he has no more right to remove you involuntarily, than you have to remove him involuntarily. He’s talking crap…unless you sign something that allows him to remove you from the title, which is very likely the paperwork he’s shoving at you. So DO NOT SIGN anything.
What is the underlying dynamic here?? And why is your name on the title, but your sister’s name was never added??
This clearly isn’t about property, it’s about some sort of bad family dynamics.
I am not your lawyer, we have no attorney client privilege. You should get a lawyer that is familiar with the property laws in effect in your locality before doing anything. That being said, everyone posting here is only sort of correct. The concept of being “on the deed” is not the most constructive way to think about this situation. The deed is the contractual memorialization of your ownership interest in the property. In order to divest you of your property ownership, you either have to convey it away (by signing another deed and then having it recorded), or there needs to be a court/administrative order that either says you no longer own the property, or that someone else owns it. If dad is threatening to sue you, you should get a lawyer in your area ASAP to defend your rights.
In the meantime, don’t sign any documents from your father. If your dad tries to kick you out, you can (and should) obtain a lawyer immediately to sue to maintain your property rights. If he sues you, he has to have grounds to sue you if he wants to have any hope of succeeding. But only a lawyer working for you can help you get resolution of this issue, not anyone over the internet.