Who has rights in property that was quitclaimed?

My in-laws built a house and put it in my sister-in-law’s name. She got a divorce and quit claimed it to my husband and I. My mother-in-law passed away about 3 years ago. My father-in-law couldn’t take care of the house so we sold it. We give him $1000 a month and now my he and my brother-in-law are saying that they are going to sue because my in-laws built the house even though it was never in their name. My brother-in-law said that he is entitled to the money. Can they sue?

Asked on December 28, 2010 under Real Estate Law, Arkansas

Answers:

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

Answered 9 years ago | Contributor

Well this is America and people can sue anyone for just about anything.  Whether they can win is another story.  There are a lot of unanswered questions here and they need to be answered to figure out what is really going on with the property.  It appears from what you have written that the property was considered separate property in your sister in laws divorce but that your ex brother in law may not agree.  Is this the brother in law that you are referring to?  Did she quitclaim you the property before her divorce in order to remove it as an asset of the marriage?  As for you Father in law, why was he paying for the maintenance and upkeep on a house that was not his?  You need help with all of this.  Good luck.


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