Monday, November 22, 2010

How do I change names on the deed of the house without having the one of the person on the deed present?

The house i live in is own by my uncle and aunt (brother and sister). My uncle put a $4000 down payment to the house 30 some odd years ago and vanished to leave the house to my aunt and grandmother. Now he is trying to come back in the picture and claim the house. I am afraid that he will screw my aunt over and get a loan out or do something to jeopardize the house and leave my aunt in debt and he will run off again. My question is how can I take his name off the deed without him signing it over fully to my aunt or him even knowing what we are doing?. My aunt is a 56 yrs old woman who worked all her life for this house, can't do the court thing because she is scared to face her own brother. Someone please help me and my aunt claim her house back.How do I change names on the deed of the house without having the one of the person on the deed present?
Only his death or a court can remove him from title. If he is in title, he must deed out or you have to go to court to prove he has no legal interest. And he does.How do I change names on the deed of the house without having the one of the person on the deed present?
well in on. canada you need a lawyer to do it it cost aprox. 250 to 300 because the deed to the house is actually at the town you live in not with the bank. I am sorry to say the only way is court order
You cannot do what you are describing

The uncle would have to sign a quit claim to the deed

Sounds like he won't do that...
You cannot retittle a property without the consent of parties on the tittle. You may make application to the tittle office to hve the names changed due to death or other such things;Infirmity is another. The tittles office will research the application and act accordingly. I suggest contacting a solicitor and preparing for a legal battle. The uncle has put a deposit down on the property to ensure purchase so he has so he legal rights which have to be considered.Only a suitably qualified solicitor/lawyer will be able to help resolve this issue .If no documentation exists for the $4000 then its, he says ,she says.If documentation exists then his legal rights must by law be considered even though he has not contributed to the house for thirty years. The most likely way out is for your aunt to buy her brother out. Or prehaps to sign over a portion of the value the property realises when it is sold after the aunt dies. ';';';seek legal advice on this matter';'; as failure to do so will cause more grief.

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