Legal Question in Real Estate Law in Montana

Quit Claim Question

My sister quit claimed her home over to her daughter while she was dealing with another real estate fiasco with a third party so that the house would not be affected during this stressful time. Now that the fiasco has been settled - my niece refuses to quitclaim the property back to my sister. They do not get along and although my sister pays for the property taxes and housing expenses, her daughter has threatened her that she will not quitclaim the property back. My sister's husband was recently rushed to the hospital because of the turmoil of the situation and the stress she has put upon them. My niece will not budge. My other sister was the principal power of attorney when the property was initially given to my sister. What can we do to help her? Could adverse possession be possible here?

Asked on 6/09/09, 4:40 pm

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: Quit Claim Question

I would try to invalidate the quitclaim, if possible. I would need to look at the facts and the document you signed, but this is why you should have an attorney beforehand. There are other possibilities also.


Daniel Bakondi, Esq.


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Answered on 6/09/09, 11:23 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Quit Claim Question

Your sister will have to prove to a court that the transfer was conditional, and that she really owns the house. The problem is that she may have done a "fraudulent conveyance" to avoid her creditors, which the court will frown upon and may open her to further liability from those creditors--it's complicated, so she should consult an attorney, and look for any written proof that could back up her version of the transfer.

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Answered on 6/09/09, 7:00 pm

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