Does the co-owner of a piece of inherited property need to sign a Quit Claim Deed served by the other co-owner?
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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 5 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.
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