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Q: Quick claim deed and homesteading. ( No Answer,   4 Comments )
Question  
Subject: Quick claim deed and homesteading.
Category: Family and Home > Home
Asked by: deborah1010-ga
List Price: $25.00
Posted: 04 Dec 2005 12:45 PST
Expires: 03 Jan 2006 12:45 PST
Question ID: 601332
For 26 years my sister and her husband and myself have lived in a
duplex. I have paid for half the mortgage, but I do not have my name
on anything that designates me as part owner. The house has always
been in their name only. So would a quick claim deed be something I
should persue? The house has been refinanced but only in their name.
Also after claiming homesteading all these years, she has been
informed that because it is considerd part rental property,and not her
sole residence, she can't claim homesteading any more. So what do I
need to have some claim to this property, and then can we both claim
homesteading?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Quick claim deed and homesteading.
From: myoarin-ga on 04 Dec 2005 13:32 PST
 
Deborah,
This is no legal or professional advice, as you can read in the disclaimer below.

A "quitclaim" deed can only be given by someone who is registered as
the owner of a property.  You could only try to prevail upon your
sister and brother-in-law to quitclaim an interest in the property to
you.
Homesteading:  I don't understand how this applies to the property,
but if you can tell us in which state it is, perhaps someone can
advise you.
Good luck, Myoarin
Subject: Re: Quick claim deed and homesteading.
From: cynthia-ga on 04 Dec 2005 15:37 PST
 
myoarin,

Homesteading is only available for a single family dwelling/primary
residence. A duplex is considered investment property and since half
is "rented" it is disqualified.
Subject: Re: Quick claim deed and homesteading.
From: markvmd-ga on 04 Dec 2005 16:32 PST
 
On the surface it looks like you've been paying rent for 26 years. The
question becomes how will you convince folks that you haven't been?
Real estate transactions cannot be made based on verbal contracts
anywhere that I am aware of.
Subject: Re: Quick claim deed and homesteading.
From: myoarin-ga on 04 Dec 2005 16:43 PST
 
Cynthia,
Thanks.  I have some antiquated idea that homesteding has to do with
taking possession of govt. property and no relation to registered
parcels.  But don't trouble to enlighten me.
Myoarin

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