Legal Question in Real Estate Law in Florida

Father / Son dispute over home ownership

My father-in-law has given his home to my husband. The deed is in my husbands name. My father-in-law now has had a change of heart and wants the house put into his 5 childrens names. Because we have taken a mortgage out on the house, we cannot grant him his wish. He has now retained a lawyer stating that we have stolen his home from him and could be charged with fraud. Please give me some guidance on this matter. Do we need legal counsel to defend ourselves ? The house is legally in my husbands name. Thanks very much !

Asked on 3/15/02, 9:19 pm

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Father / Son dispute over home ownership

If the father-in-law was not mentally incapacitated at the time he signed the quit claim deed, and the deed was voluntarily signed by him, then the father-in-law is going to have a problem obtaining an interest in the property unless your husband cooperates. Based on the information you provided, it appears that your husband has title to the property, and, consequently, your husband can do whatever he wants with it. If the father-in-law has had a change of heart, there's nothing he can legally do to retroactively undo the transfer of title. Of course, no one can stop the father-in-law from hiring a lawyer and filing a lawsuit alleging all sorts of things, but in the end, the allegations need to be proven. If your husband gets sued by his father, your husband will need to hire a real estate litigation attorney to defend his interests. Good luck.

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Answered on 3/18/02, 11:15 am

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