Is it legal to quit claim a joint property to the co-owner so that the other joint owner avoids having alien placed on the property?

UPDATED: Aug 24, 2012

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Is it legal to quit claim a joint property to the co-owner so that the other joint owner avoids having alien placed on the property?

A friend and I co-own a small, unused property in a commercial district. The friend only has her name on mortgage docs but I have been the one paying since purchase; I have the proof. Friend now has an issue with a business deal where my friend’s business partner doesn’t want to continue business but had agreed to put up the capital while friend put the talent (radio business). Both signed a contract with radio license operator and friend is afraid of lien on co-owned property, which neither business member is aware of. Is it legal to now quit claim to me, the co-owner? I have paid monthly.

Asked on August 24, 2012 under Real Estate Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

May I strongly suggest that you go and speak with an attorney about your situation here?  Do you have an documentation of ownership of the property?  Like the deed?  You say "co-own" but is it documented?  And what line are you talking about?  Is there a judgement against the other owner?  Tranferring property to avoid a judgement or lien is not easy to deal woth in this forum.  And some times the law allows the transfer to be set aside depending on when the transfer is made.  Good luck.

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