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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Question Suit for Partition of Property After Lies About Quitclaim

    Florida: After my parents were divorced, my mother retained 50% ownership & possession (with a life estate) of one piece of marital real property (my childhood home). Later, my father in order to be sure that I, the only child of that marriage, (I have many half/step-brothers/sisters) ended up with the property, suggested that he & my mother quit claim their 1/2 shares to me. With the approval of my maternal siblings, Mother agreed but only if my father quit claimed his share to me first.

    My father had HIS attorney draw up the two quit claim deeds. Mother, along with a relative, went to the attorney's office to sign. Before signing, mother asked the attorney if my father had already signed his deed. The attorney said, "Yes, his side is done". My mother signed and the relative witnessed this exchange and signing; Mother received a copy of the deed and had it recorded.

    About a year after my mother died & about two years after the quit claim deed event, my father told me that he wanted me to buy his half of the property from him. His attorney had lied & my father had lied. There was no quit claim signed/recorded by my father. I refused & told my father that he & his attorney had defrauded my mother. Now my father's other children are in line to inherit his 1/2 property

    My father has now served me with an "action for partition of real property". I have paid the taxes on this property and have lived there for almost 20 years. Where do I stand?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Suit for Partition of Property After Lies About Quitclaim

    Sorry about your family situation.

    It appears that your complaint is that you believed your father had made a gift to you, but changed his mind? How is it that you only learned of this now, and not last year when your mother died?

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