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H
hamson Asked July 2011

How do I get my name off of my mom and dad's home?

Mom has bi-polar, Parkinson's and diabetes. My dad does not stand up to her about important issues. For a while she was creating debt by charging things on her credit card. Companies would give her credit cards even though she wasn't working. My sisters and I were worried that our parents would lose their home to creditors. So we put the house into my two sisters and my name. Last time when we checked our credit rating my husband's and my name were showing on the loan only, not my sister names. Now things are falling apart on the house. Right now the bathroom floor needs to be replaced. My husband and I do not have the money to pay for it. One of my sisters is taking care of mom's money and paying her bills. She was suppose to repair the floor by saving money up from mom's checks. That was three years ago. The floor still is not fixed. My sisters do not want to keep me updated on the house. One of my sisters is mom's legal caregiver. So I feel I really don't have any power to help my parents. We are also worried that if mom and dad die who is resposible for the house payments? There is a lot of equity in the house. I would hate to see it be lost. We wouldn't be able to sell the house without the floor being fixed and the longer my sister takes to fix it the more money it will cost. Mom and dad have all their needs taken care of, except for house repairs. What are we legally responsible for? Also what happens if mom or dad fall through the floor. Hopefully they wouldn't be hurt but also who is legally responsible for that? I call my mom twice per month and try to find out how they are doing. I never know if she is telling me things accurately. I can't call my sister to find out anything. My husband and I just want to get our names off of my parents house.
We can't do anything about the house and we don't want to be responsible for it. Any suggestions?

EXPERT Carol Bradley Bursack, CDSGF Jul 2011
I agree. Please see a lawyer. You need to get legally free of this.
Good luck,
Carol

EXPERT Jon P. Beyrer Jul 2011
To take yourself off the title, you would go to your county recorder’s office and file a Quitclaim Deed. However, if there is a mortgage on the house, there may be some extra steps you will need to go through first. If your name is on the mortgage, the lender may require your parents to assume the mortgage, that is to qualify for the mortgage on their own. If you have a quitclaim deed recorded without the lender’s blessing, they may be able to call the loan due immediately.

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notrydoyoda Jul 2011
I think you need to talk with a lawyer.

toadballet1 Jul 2011
I agree with the above. My concern is that, even though it is just you two on the mortgage documents, you are taking on all the responsibility. Which makes me wonder why the other sibs took their names off.
On the surface, you were being helpful by retaining their asset for their care in the fuuture. But without cooperation from your sibs, you could be setting yourself up for more than you bargained for.
Decide what you want to do (ie: will you return the home to your parents.) Then see an attorney. I would suggest an elder attorney. She/he may have ways to help them protect their assets while still removing you from the mortgage.
Btw, is your Mom's spending under control? Have they paid all the credit card debt? The sis that is over your Mom's accounts really needs to be in on this discussion. If she refuses, still take your name off.

BridgetW Jul 2011
I had a quick claim deed completed on my mother's home and it was very simple. I agree with Jon, Start with a Quitclaim Deed to try to get your name off, if there is a mortage it is a different story.
Blessings,
Bridget

TheGato Oct 2014
What if my parents are on the title and I want them off? I have a mortgage which I did on my own. is taking them off the title a simple matter as well?

pamstegma Oct 2014
Hamson, you can't take your name off a loan, unless you pay it off.
Gato, see a lawyer about getting them off. If they are already on Medicaid, getting them off the title will not erase the Medicaid lien.

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