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I have a deed on a condo with my ex-husband, with lifetime tenancy and right of survivorship. I live in the condo year-round with my son (not his) and pay all bills, insurance and taxes. My ex now wants me to sign a quit claim deed for him and another of his ex-wives. I told him I'm not signing it and he's threatening to move into 1/2 the apartment. Can he do this? There is a history of undocumented physical abuse towards me in the marriage and I am afraid. Can he legally move in ? How can I prevent this?

Submitted: 286 days and 6 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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West Palm Beach, Florida

Already Tried:
I've called legal aid and have not received a call back.
I refuse to sign the quit claim deed. My ex changes his mind about stuff all the time and he's angry at me now.
He says he wants to change his will, leaving me out of it, but he swore that I would have this condo for life.. I'm really afraid of what he will do to me, but he hasn't made any physical threats yet.

Posted by Wayne Patterson 286 days and 6 hours ago.

Answer

If he is on the deed, then he has the same rights as you do. Why was this not taken care of in the divorce? Who are the remaindermen?

286 days and 6 hours ago.

Reply

This property is not part of the divorce (1978). He had this condo sitting around doing nothing and decided to give it to me in May 2007.
It should have raised a big red flag, but he was so earnest in his wanting to "do something nice for me" since I was so good to him all those years ago. Also he did this to me 35 years ago with a house we bought in Brooklyn, N.Y., but that time I was too scared of him and naive to refuse. I know better now.
What do you mean he has the same rights, can he move in here? He owns 2 other much larger condos in Century Village. He's being spiteful.

286 days and 5 hours ago.

Reply

what is remaindermen?

Posted by Wayne Patterson 285 days and 20 hours ago.

Answer

What you need to do is to get a copy of the deed and see exactly how it is titled. There are various ways and it depends on the exact wording. The way you describe could be many different things. You said that both of you had a life estate but now you are indicating that is not the case. Remaindermen are the persons who get fee simple title after your death.

285 days and 18 hours ago.

Reply

Thanks Mr. Patterson,
I have the deed right here. It reads "... both unmarried persons as joint tenants with rights of survivorship"
Another paragraph, which I honestly don't understand reads..."Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining."
"To Have And To Hold the same in fee simple forever."
" And the grantor covenants with said grantee that the grantor is lawfully seized of said land in fee simple; and that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subseequent to December 31, 2006."
The condo goes back to my ex if I die first.The person I would leave everything to after my death, if my ex has died first,is my 21 year old son from another marriage .

Accepted Answer

You do not have a life estate. You are a jont tenant and he has as much right to live there as you do. If he dies first, you get the entire property. If you die it all goes to him unless you transfer your joint tenancy to someone else. You may want to see about putting your half into a trust giving yourself a life estate. You will need the assistance of an attorney.

 

To answer your question, he has the right to move in with you.

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Expert: Wayne Patterson
Pos. Feedback: 98.3 %
Accepts: 
Answered: 2/10/2009

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Experienced in Construction Law and Traffic Law

285 days and 18 hours ago.

Reply

Can you recommend an attorney for me? I live in West Palm Beach. I'm on disablity and money is a great concern for me. Legal aid still hasn't called me back.

285 days and 17 hours ago.

Reply

Legal Aid has called me back and I now have some representation. Thank you for your quick responses. I am to call his bluff and let him move in if he wants to and to call the police if he threatens me with bodily harm. And to hand him my attorney's card if he has anything else to say. She's mailing the cards to me today.

285 days and 17 hours ago.

Reply

Legal Aid has called me back and I now have some representation. Thank you for your quick responses. I am to call his bluff and let him move in if he wants to and to call the police if he threatens me with bodily harm. And to hand him my attorney's card if he has anything else to say. She's mailing the cards to me today.

Posted by Wayne Patterson 285 days and 16 hours ago.

Answer

Glad I could be of help.

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