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Ask Andrea, Esq. Your Own Question
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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in 2008 my partner took me off ownership of our house due to

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in 2008 my partner took me off ownership of our house due to me oweing irs. He said they could put a lean on the house. he has not put me back on. what are my options?

Hi, Ricky, my name is XXXXX XXXXX I will be assisting you.

 

 

By what method did your partner take you off ?

 

 

Customer: replied 4 years ago.

quit claim

Sorry, I should have been more specific. In order t remove you from the Deed, the deed (Quitclaim, or any other deed) would have to be signed by you as well. It would be a transfer from you and your partner, to your partner alone and both you and your partner would have had to sign the deed. It would contain language something like the following:

 

You and P,

.......................Grantors

 

TO

 

P,

......... Grantee

 

You and P would sign the Deed. Your signature is absolutely necessary because an owner may not unilaterally sign a Deed to himself and remove the name of a joint-owner. If this was not done and you did not sign the Deed, then there was no legal transfer to him alone.

 

If you did, in fact, sign the Deed conveying your interest to him, then there are only two ways that your name can be put back on the Deed:

 

1. If you ask him and he does this voluntarily; Or

 

2. If he does not want to sign a Deed conveying half interest back to you, then the only alternative you have is to file a lawsuit against him and allege that this was an invalid transfer because you did not receive any consideration in exchange for transferring your interest. I would not mention that it was done because you owed money to the IRS because a Judge would not condone the transfer and he would leave it as is.

 

I realize that a lawsuit is not the best solution and it would certainly put a strain on any relationship, but it is the only way to get your name back on the Deed,

 

I wish I could give you an Answer with an easier solution, and it would have given me great pleasure to do so, but I have an ethical obligation to you to give only correct answers and information, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me because you are rating my service to you and not if you like or agree with the law,

 


Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

Andrea, Esq. and 4 other Real Estate Law Specialists are ready to help you
Customer: replied 4 years ago.

What would cost be for a lawyer approc. Los Angeles, California? I heard I could put a lean on the house.

Hi, Ricky,

 

The cost of a lawyer would depend on his hourly rate, or if he gives you a flat rate for the case as a whole. Hourly rates range anywhere from $100 an hour to $400 an hour.

 

But before you incur any legal fees, you should know that the only way a lien can be placed on property is by first getting a judgment against an owner of the property, then putting the lien on the property. Without a judgment, no lien can be placed on the property and if anybody told you otherwise, they were misleading you.

 

I wish I could give you an Answer with an easier way to do what you want to accomplish and, believe me, it would have given me great pleasure to do so, but I have an ethical obligation to you to give only correct answers and information, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me because you are rating my service to you and not if you like or agree with the law. This is not a hobby for me, this is how I earn my living and if a customer does not leave a rating, I do not receive any credit or payment for researching your question and giving you Answers and information


Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA