Does the co-owner of a piece of inherited property need to sign a Quit Claim Deed served by the other co-owner?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does the co-owner of a piece of inherited property need to sign a Quit Claim Deed served by the other co-owner?

My husband and his sister lost their mother father last year and inherited the property and house. The house property would sell for approximately $35,000-$40,000. Both siblings are on the house deed. The sister just sent my husband a quit claim deed about 2 weeks ago. Does my husband have to sign it? If not, what should he do? He does not want to give his rights away. Can his sister force him to? What steps should my husband take to resolve this matter?

Asked on February 27, 2019 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, he does not have to sign the quitclaim deed or otherwise give up his rights: he is a co-owner of the property, and he can't be forced to give up his share or interest in the property any more than his sister could demand that he give her his car or TV.
This can be resolved the following ways:
1) She can buy him out at a mutually agreeable price.
2) The two of them can voluntarily decide to sell the house and split the proceeds.
3) If they can't mutually agree as to what to do (including to sell), one of them can bring a kind of legal action called one for "partition" to get a court order requiring that the property be sold and the proceeds divided between them.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption