Who has rights to real estate: an original owner or someone who used a POA to transfer ownership and paid all property costs?

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Who has rights to real estate: an original owner or someone who used a POA to transfer ownership and paid all property costs?

A woman loses all jointly owned properties in divorce. Ex-husband voluntarily signs over 2 properties free and clear of any leins or mortgages. Woman moves in with daughter. After receiving the 2 properties from the ex, she asks her daughter to take over properties as she is unwilling to pay for the costs associated with the property. Woman signs durable P.O.A. to daughter. Daughter tranfers ownership of properties to her name using P.O.A. and assumes the costs associated with the property for next 3 years. Woman and daughter have a fight. Woman demands the property be returned. Does woman have a case?

Asked on December 2, 2010 under Real Estate Law, Nevada

Answers:

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

Answered 10 years ago | Contributor

This is not a "cut and dry" question here and there are too many issues to be determined and sorted out to do so here.  You need to speak with an attorney on the matter.  The POA was, I assume, a general one for all purposes, correct?  So the transfer on the outside looking in was "allowed."  However, if the woman/owner claims that the transfer was made with the intention to defraud her out of her property then there could be a BIG problem for the daughter.  It would be an allegation of a breach of the fiduciary duty imparted to her.  Was there any other agreement as to the property in writing? If not then the transfer was in violation of the statute of frauds as well. Seek legal help here.  Good luck. 


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