Q: My daughter was put on my homestead deed. I paid for home and propertry in full. She is now threatening to take it fro
from me. I put her on deed and now she is not adhering to our agreement. She says she can do whatever she wants, it's hers. Help.
A: Adding anyone to a Deed is always a potential dangerous change that is not advised, this is the far too common result. You will need to have the deed and circumstances reviewed, but based on what the deed states, your daughter is likely a partial or full owner of the property based on what you listed in the deed. A far better option would have been to create an enhanced life estate deed (ladybird deed) or even undertake estate planning via a Trust, adding her outright to the deed as partial owner or full owner is no doubt error and this is the danger of it. You will want and need to speak with a real estate litigation attorney to determine if you have any recourse and options in this matter.
Barbara Billiot Stage agrees with this answer
A: I just wanted to add a couple of thoughts in addition to the above answer. If your agreement with your daughter is in writing and she owns the property solely in her name, you may have enforceable rights that would prevent her from excluding you from the property. If it is an oral agreement, your likelihood of success is much lower due to the statute of frauds as it relates to real estate. If you own the property jointly, your daughter may seek a partition of the property which will ultimately lead to a sale and your removal.
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