Hillsboro, MO asked in Real Estate Law for Missouri

Q: My name is on house I built in '84'. Added daughter & son in law in 2005. I moved out in 2006, what rights do I have?

In 2017, I filed a quick claim deed (real state tax came in my name only) but they have never refinanced to take my name off. I cannot get a loan for car, cause house payment is higher than my income. What rights do I have?

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1 Lawyer Answer
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum
  • Springfield, MO
  • Licensed in Missouri

A: If you added your daughter and son and law and kept your name on title, you have rights as an owner of the home. If you Quitclaimed to them and took your name off the deed you are no longer an owner. But you can force them to refinance because your mortgage agreement provides that you cannot transfer title without triggering the loan's "due on sale" clause. This will have repercussions to your credit as well, so you really need to consult a lawyer, with all your documentation, to be sure what to do next.

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