Can the deed to my home legally be transferred to my children without my permission?

UPDATED: Oct 1, 2022

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Can the deed to my home legally be transferred to my children without my permission?

I was working with the local housing authority to gain participation into a special program that would allow me to re-mortgage my home at an exceptionally low rate. Qualification was an individual had to be 3 months behind on their mortgage. I was 2 months behind when my dead husband’s lawyer called my daughter and said my home was going into foreclosure he never called me to ask what was

going on. She contacted her two brothers, got a lawyer and put the deed in their name, which disqualified me from the program. They brought the payments up to date, but I kept telling them to call the housing authority before they did all

that. I never was asked to sign anything, but I’m still paying the mortgage, the utilities, etc. I really feel I was wronged and want my name back on the deed. I’m still being responsible for the house, why should they own it?

Asked on August 9, 2018 under Real Estate Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, YOUR property cannot be taken from you--i.e. a deed taken out of your name and put into someone else's name--without your permission. What they did is theft. You could sue to undue or void the transfer (get the deed back in your name) and also press charges against them.  You need to retain an attorney to help you with this: you have rights, but it might not be easy for a nonlawyer to vindicate her rights (a lawsuit to void a property transfer is much more complicated than, say, a small claims suit.

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 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.

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