Quit Claim & Minors

[outofluck]

What is the name of your state?Nevada
My ex-wife filed a quit claim on our house but included our minor kids in the title. Now I am going through hell to have the home refinanced. She initally almost had our home foreclosed 3 times when she was living there and I have to borrow money from my father to pay for the deliquent balances to save the home. I live in the house now and would like to refinance to pay my father back for he needs the money and also to fix the home, but the above sitituation makes the process hard. The title company wants the kids name out (minors) but how is it done? HELP!!! PLEASE

 

[seniorjudge]

One thing you can do is set up a guardianship/conservatorship for the kids. Minors can take title but they cannot convey title. Thus a court has to approve the transfer.

Why did she put the kids' names on the deed? What did the judgment in your lawsuit say about this real estate?

She is obviously trying to protect her kids and screw up your title, but I am curious if she had any basis for doing this.

If the conveyance was made in violation of the judgment, then you may be able to go back into court and get the deed set aside.

You have a mess. It is not DIY. Get a lawyer.

 

[Rhubarb297]

One thing you can do is set up a guardianship/conservatorship for the kids. Minors can take title but they cannot convey title. Thus a court has to approve the transfer.

Why did she put the kids' names on the deed? What did the judgment in your lawsuit say about this real estate?

She is obviously trying to protect her kids and screw up your title, but I am curious if she had any basis for doing this.

If the conveyance was made in violation of the judgment, then you may be able to go back into court and get the deed set aside.

You have a mess. It is not DIY. Get a lawyer.

Good response, however, your answer is state specific. Minors can't be in title to property in Indiana. That's probably the case in many other states also.

 

[seniorjudge]

... Minors can't be in title to property in Indiana. That's probably the case in many other states also.

You wouldn't happen to have any legal authority to back up this assertion, would you?