How to get joint tenants to quitclaim their share?

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How to get joint tenants to quitclaim their share?

Several years ago I bought a house and put my son and daughter-in-law on the deed (JTROS) with the intention of selling it and giving them $10,000 from the profit to go into a college fund for my grandson. They have zero dollars invested. I paid for it in full and have paid all upkeep costs and have managed renters and collected all rent monies. My daughter-in-law has caused family discourse and now I would like them to quitclaim the deed to me. They refuse to do so even though I have offered monies for the college fund. Can I force them to follow through ? Nothing is in writing.

Asked on February 3, 2011 under Real Estate Law, South Carolina

Answers:

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

Answered 10 years ago | Contributor

I think that you need to speak with a real estate attorney in your area if you have any chance of coming out ahead on this matter.  But I can only say that I do not think that you will be happy with the answer here.  You added them as joint tenants and now you are really stuck with what you did.  The only option I think that you have is to buy them out of theproperty and I think that they know that they have you backed in to a corner.  Although you say that you had an oral agreement the writing here - a deed - really governs and your oral agreement may not come in to play.  Seek help.  Good luck to you.        


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