Deed in someone else’s name but property is ours, how can we obtain a deed?

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Deed in someone else’s name but property is ours, how can we obtain a deed?

My husband and I bought a building to use as a church but since he did not have his own 501C he put the church organization’s name on the deed instead of his church’s name. In the meantime we paid the building in full by ourselves and have been maintaining it for the past 10 years with no contact or help from the organization. Now that we want to sell the building to purchase a larger one, the organization does not want to realize the deed to us. What can we do?

Asked on May 18, 2009 under Real Estate Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

You are going to have to hire an attorney to handle this for you, there is simply no other way.  One place that you can find qualified lawyers in your area is our website, http://attorneypages.com

This is going to depend on a lot of facts, everything that has hapened over the years, and how much of that you will be able to prove.  Courts do not simply look at the deed and look away, in every case;  here, there is a chance that you will be able to show that you should either have the right to sell the property, or at least get enough of the proceeds of sale to reimburse you for what you've put into the place.


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