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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I have a quick claim to my home that my partner of 13 years

Customer Question

I have a quick claim to my home that my partner of 13 years turned over to me. We were going to sell the home and go into independent living using the money from the house. His daughter and son were very wealthy thanks to dad. literally picked him up for a heart doctor appointment (that I suggested since she never called or visited) Other than his birthday party at our home they had never been in here. We always spent Christmas with them in South Tampa when her dad handed each a $20,000 bill. It wasn't my business what he did concerning his kids so I never made an issue about his relationship with his children. I did say that after 10 years, or so of going to his daughter's home that I planned to see my son the next year, in New York.
My legal question is this: Fred, my partner,has now been placed in an Alsheimer's Unit in Tampa and I am ready for Independent Living. I've called a realtor but need money while I wait for a room at St. Marks. I must buy the unit so I need cash from the house. His daughter put a lawysuit on the house so I cannot sell it. I have a teacher's salary and am 77 yrs. old without much chance of going back to work. I put most of my money in this house which we loved. I can live frugally on my retirement but do not have the move in money. How do I get out of the lawsuit? Can a lawsuit override a quick claim deed?
Thank you for your help!
It is all I can afford to pay the taxes which went up double this year.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good morning. I certainly understand the situation and your concern. Do you know what the basis of the lawsuit is?

Customer: replied 1 year ago.
You didn't answer my question. I want to know if a legal quick claim deal that I have had for three years while paying taxes on time, can override a lawsuit taken out on the property. Having decided that the house is now too large for me as I age that, it is the best time to sell and use that money for an independent living. The lawsuit overrides the fact I own the home and I cannot sell my own home. How is this possible?
Expert:  LegalKnowledge replied 1 year ago.

Thank you for the additional information. A quit claim deed merely transfers title and legal ownership. It does not prevent the filing of a lawsuit and when the property is subject to the lawsuit it can not be sold nor will anyone want to by it since you could lose it if there is a basis for them to take the house back based upon the subject of the lawsuit. That is why I asked if you knew why there were suing and what they were trying to do. Unless the judge orders that the home be sold and you allowed to keep and use the proceeds, the lawsuit will prevent it at this time. I know you need the money but being that the property is the basis of the lawsuit no action can be taken.

Expert:  LegalKnowledge replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!