Can Family Challenge A Deed Of Gift?
I married a man who I love dearly. He gave me his house through a deed of gift 3 years ago. He obtained the house through his aunt also by deed of gift about 8 years ago.
The house was a heavily family property (meaning all relatives have stayed there at some point, they share memories, nostalgia etc...) before we got married.
When we married, we both had some maturing to do, and his and my families were very discouraging, so we decided to rid all our family.
This did not go well with his family. They have made it clear they do not like me and think very poorly about me. I know Ive made mistakes but I feel they are hell bent on not liking me due to the propertys destination.
My husband has told me he doesnt trust his family to have the house because they are unstable and wavering.
Can they challenge the deed of gift? He gave it to me with a working mind and out of love.
- Warw1zardLv 41 month ago
The way you describe the house resembles a family museum. I don't know what your plans are but could you at least gather family together every Thanksgiving, Christmas etc or whatever they are use this place for? Essentially you are taking over a Home and by rejecting the rest of the family you're making them homeless. Of course, it won't go well for you!
- Anonymous1 month ago
If he owned it outright and was of sound mind when he deeded it to you then no. However if he was declining and there was a question about his mental state when he deeded it, that could come back up. It's not unusual for a spouse to do a quit claim deed to add a new spouse in which case you would inherit it if he died. It IS strange that he would just sign it over to you especially as it's something he owned before the marriage and you would not have been able to get should there have been a divorce.
- T JLv 61 month ago
No, he owned it before you and can transfer that deed anytime he wants, and there is nothing they can do. But I do hope he had a lawyer do all of the transfer paperwork and had it filed. If not you need to see a lawyer fast.
- KellyLv 71 month ago
Unless there was some sort of legal paperwork filed when his aunt deeded it to him prohibiting this, they can try but it's very unlikely they will be successful.
The only real other challenge would be if they could prove aunt was not of sound mind to make a legal decision when she gifted it.
Even a will can be challenged but is usually unsuccessful.
My grandpa changed his will after his wife died and excluded all of her kids. He left all his money to his kids to be split evenly and then signed over his house to one of my dad's sisters. My dad died before he did (this is my dad's dad) and my brothers and I received what would have been his portion of the estate, his share was split 3 ways between us. One of my dad's step-brothers (who none of us even knew) challenged the estate in court and we all received letters from his attorney which put it into probate and he lost. It seems like it was one of those situations where he was promised certain things that he was trying to get, but it wasn't in writing or it changed after his mom died. Either way, the only thing he got was a bill from his attorney and filing fees from the court.
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- FireballLv 71 month ago
IT WAS HIS RIGHT to leave it to you so I dont think there is a problem..U could consult a lawyer if u wish.