Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My parents prior to passing quit claimed their property to…

My parents prior to...

My parents prior to passing quit claimed their property to me through rights of survivorship. I moved into it and now am going through a divorce. My husband and I own a home and have filed homestead on that home. Does my husband have any rights to the property my parents gave me

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

Such as?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No just want to know if my husband has any rights to that property that was given to me by my parents

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 7 minutes by:
1/15/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,775
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Real Estate Law Question

Your Question:

My parents prior to passing quit claimed their property to me through rights of survivorship. I moved into it and now am going through a divorce. My husband and I own a home and have filed homestead on that home. Does my husband have any rights to the property my parents gave me

Response: No, because the property is your separate property and not a marital property and thus not subject to division during your divorce. See Florida Statutes Chapter 61 Section 61.075 (6).

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

Ask Your Own Real Estate Law Question
Customer reply replied 7 months ago
Thank you so much

You re quite Welcome!

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,775
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,775
22,775 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
If someone signed a quick claim deed does that did they give
If someone signed a quick claim deed does that did they give up the right to the property forever … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,965 satisfied customers
My father is a Brazilian citizen who lives in Brazil, but
My father is a Brazilian citizen who lives in Brazil, but fully owns a house in Florida. I am a Florida resident who lives in the house he owns. We want to put the house in my name to avoid having to … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband and I are purchasing a condo in Florida for our
My husband and I are purchasing a condo in Florida for our daughter to live in. We are trying to decide if we should put her on the title. We would like for her to be able to homestead the property. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What state are you in? In Florida. I'm not so sure it's as
I'm not so sure it's as much real estate as it may be something else. I purchased my home in 2002 from my parents whom were both married. In 2005 my mom became ill and my dad filed for guardenship over her. In 2011 I took out a small loan, 50K on my home and the only way to get the financing was to have my dad sign and the bank said I had to go add him on the title at the court house here, so I did. Since then, my mom passed away in 2014 and my dad has been an awful person to me and all his family because of his new wife. I only owe 30K on it now and it has at least 100-120K in equity in it. My dad changed his and my mom's will and refuses to sign a quit claim deed. He knows full well he has paid NOTHING on my house. What can I do? He's 78 years old and controlled by this younger wife of his now. … read more
J. Warren
J. Warren
Attorney
Doctoral Degree
2,241 satisfied customers
My ex-husband and I own our home in California. The deed is
My ex-husband and I own our home in California. The deed is held as "___ and _____, husband and wife, with rights of survivorship." On the judgment, we stipulated to have the home sold and divided wit… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I recently purchased a home ( Pineallas county Florida) and
I recently purchased a home ( Pineallas county Florida) and I own a home in Martin county Florida that I am renting out. My daughter is living with me in the new property in Pineallas county and is pa… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I WAS IN A COMMON LAW MARRIAGE SINCE 1977. DURING THIS RELATIONSHIP
I WAS IN A COMMON LAW MARRIAGE SINCE 1977. DURING THIS RELATIONSHIP WE BOUGHT PROPERTY TOGETHER AS HUSBAND IN WIFE, BANK MORTGAGES AS HUSBAND AND WIFE. WE WENT OUR OWN WAYS IN 1999. THERE ARE NO OUTST… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
HUSBAND AND WIFE OWN PROPERTY JOINTLY IN FLORIDA. HUSBAND
HUSBAND AND WIFE OWN PROPERTY JOINTLY IN FLORIDA. HUSBAND IS DECEASED. WILL A QUICK CLAIM FORM REMOVE HIS NAME FROM THE DEED… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My husband and his now-deceased mother entered into a Joint
My husband and his now-deceased mother entered into a Joint Tenancy with the Right of Survivorship regarding her house in New Mexico prior to her death in order to keep it out of probate. When she die… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I live in Florida and own a home with my parents as joint tenancy
I live in Florida and own a home with my parents as joint tenancy w/ right of survivorship. We have owned the home since 2005. In 2007, my parents bought a house in Alabama, with the intent of selling… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I want to add my daughters name to my house so that she will
I want to add my daughter's name to my house so that she will have joint ownership. I am married and reside in the house with my husband, the house is titled in my name only and it is homestead proper… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
My parents divorced forty years ago. My mother has sole ownership
My parents divorced forty years ago. My mother has sole ownership of our home; her ex-husband is deceased. I have a brother who has been estranged from my mother for five years. I have been her sole c… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My parents own property in which I am the primary resident
My parents own property in which I am the primary resident and they are adding my name to the deed. I am unable to get Homestead exemption on this property because they already have it on their other … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
A survivor of a joint tenancy w/right of survivorship homesteads
A survivor of a joint tenancy w/right of survivorship homesteads her Florida home but never signed the mortgage, note or any papers regarding the first mortgage or the home equity loan. Her "sig. othe… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My husband and I are purchasing our primary residence together
My husband and I are purchasing our primary residence together in California. Currently, he is liable for child support to his ex-wife. If she were to come after his assets for any reason, how can the… read more
legallysound
legallysound
Attorney
Doctoral Degree
1,324 satisfied customers
My ex-husband died. We still owned a home together and the
My ex-husband died. We still owned a home together and the deed still said "community property with rights of survivorship." He left a will leaving his half to my daughter, so after probate is done, s… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
IVE HAD A RIGHT OF SURVIVOR SHIP ON REAL PROPERTY IN ARIZONA
I'VE HAD A RIGHT OF SURVIVOR SHIP ON REAL PROPERTY IN ARIZONA WITH MY PARENTS FOR 20 PLUS YEARS THAT WAS ESTABLISHED BEFORE I WAS MARRIED. I AM GOING THROUGH A DIVORCE AND MY WIFE BELIEVES SHE IS ENTI… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,942 satisfied customers
My husband who lives in California would like to take over
My husband who lives in California would like to take over the payment of the mortgage of her mother who lives in Texas. However, he also would like to have my husband's name on the tile. Does a quit … read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x