Friend Won't Sign Quitclaim Deed

**merilink** · 07-07-2012, 09:10 AM

My question involves real estate located in the State of: Indiana

hi, my friend and I bought a house together it has been paid in full and has no mortgage, he moved out with another woman five months ago to another state and has refused to sign quitclaim deed. He said that he would sign it later because he wants to use our house to prove that he has a good record or whatever. He is also advising me to not leave my house (in my will) in my daughters name should anything happen to me. This is none of his business and I am wondering why he would even care that I left the house in my daughters name if he is actually planning to buy another house with his new woman out of state. How can I get him off of the Property title(the title is in my possession) if he continues to refuse signing the Quitclaim deed?

**flyingron** · 07-07-2012, 10:10 AM

Real estate doesn't have a physical title document. Are we talking about a trailer/manufactured home?

Why should he give up his ownership interest in the property just because you broke up?
Absent any details to the contrary, there's nothing that legally can force him to give you the ownership of his half. You can sue for a partition, but that most likely will result in the property being sold and the proceeds split between you (after paying all the lawyers involved in doing so).

**itisup2us** · 07-09-2012, 09:52 PM

Quoting flyingron

Real estate doesn't have a physical title document.

If the Statute of Frauds requires all transactions involving real property [land] to be in writing? What is a Deed except physical title document?, being the written document conforming to the SoF requirement.

**flyingron** · 07-10-2012, 04:37 AM

The statute of frauds covers CONTRACTS. The purchase contract is not a title. A deed is not a physical title. It is the conveyance of some aspect of ownership. Having a copy of the deed means only that that conveyance occurred. It isn't the "title" in itself though it perhaps affects it. On the other hand, vehicles (cars, airplanes, boats, manufactured homes) have a government issued title that represents the actual ownership at an point in time.

**Foster_Foster** · 07-10-2012, 08:06 AM

Unless you entered into a partnership agreement with him, you're free to leave your interest in the place to whomever you please. Of course, if the place is held as joint tenants w/ right of survivorship, it passes to the survivor automatically and anything with regard to the place in your will would be of no effect.

Sounds like the only practical way to get him to sign off on his interest in the place is to offer him dough in exchange, or file a partition action.