How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34272
Experience:  Attorney with 16 years experience
19958803
Type Your Family Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My mother lives in Las Vegas and it having issues with a

Customer Question

My mother lives in Las Vegas and it having issues with a former partner. My mother has had a good deal of mental problems and she has been in and out of hospitals since I was a child most recently 3-4 times in the last 3 months at which time my mothers ex-partner managed to talk her into putting her on the deed to her house and the title to her car and now that my mother wants to move back to Ohio with me she is unable to for fear that she will loose all right to her house to which her former partner has no legitimate claim. My mother simply wants to sell the house and move back so that my wife and I can help her out here. I told her that I would seek out the advice of a lawyer and I don't really know where to begin. My mom has a broken leg caused by the last trip to the mental hospital and can't take care of herself and all I want to do is help by don't know how. Thank You
Submitted: 6 months ago.
Category: Family Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

Expert:  Barrister replied 6 months ago.

So mother put her partner on the deed to the house, correct?

.

Has she ever been declared legally or medically incompetent by a judge or her doctors?

.

And she wants to sell the house now even though partner is on the deed, correct?

.

.

thanks

Barrister

Customer: replied 6 months ago.
she put her on the deed and as far as I know she has never been declared medically incompetent useless that happened years ago while her and my father were together
Expert:  Barrister replied 6 months ago.

Ok, then in a situation like this, what mother did when she added her to the deed is make a gift of half the property to the partner. That means that they now own the property 50/50.

.

So if the property was sold, they would split any proceeds after any mortgage was paid off.

.

If mother wants to just sell the property and the partner refuses, then she would have to file a "partition action" in the local court to have a judge order a sale of the property at public auction to the highest bidder. This is an absolute right that any owner has so they can "cash out" their interest in the property. She would need a local real estate attorney to assist in filing the partition action because it is basically a mini lawsuit.

.

The only way mother could challenge the deed as being void would be if her doctors were to testify at the time of the signing of the deed, she was so mentally incapacitated so as to not understand what she was doing.

.

.

thanks

Barrister

Related Family Law Questions