sell of elder parents home

**elder parents** · 12-28-2008, 09:38 AM

my parents own a home together, but divorced many years ago. my father has been living in the house until this year, when he was placed in a nursing home. my parents are 80 and 81 years old. my question is. if both names are on the deed, will my father have to sign over the deed to my mother before it can be sold? or, can she go a head and sell it, but have him sign the papers at closing time? i'm a little confused as to the process because my sister seems to think that you can just sign the back to anyone you want too. we are trying to sell the house to get what we can and put the monies in one of our names so that the nursing home will not get it, because we're going to need that money to bury him when the time comes.

**elder parents** · 12-28-2008, 12:20 PM

am i on the wrong forum for this type of question. if so, where do i need to go?

**Jim Erickson** · 12-29-2008, 06:48 AM

You really need to talk to an attorney. There are two issues here. First issue is since you parents are divorced who has title of home? Second issue is getting property title in childrens name to avoid paying nursing home care from home equity.

Unless someone responds who is an attorney, you really need to consult one.

**Mike Taylor** · 12-30-2008, 04:10 AM

I am not an attorney and I definitely recommend that you seek an attorney's advice, but here is my .02. If he is on the deed he will have to be involved in the selling process. From signing the listing agreement down to the day of closing, you will need his cooperation.

I suppose he could sign over the deed to your mom with a quit claim deed, but this may conflict with the divorce decree.

**Greg** · 12-30-2008, 05:41 AM

You are asking a legal question on a real estate forum, so yes, I would say you are on the wrong forum.

Better yet, with so much at stake you would be well advised to skip the free advice, which could be wrong for you particular situation, and go pay an attorney to help you do this right.

**florida real estate** · 01-07-2009, 04:47 AM

Yes might possible you not get perfect information about your situation at here but no need to pay any single bucks many government facility or some one who to closer to you and give truth information.

**mWoods** · 12-11-2009, 07:45 AM

Was there no quitclaim at the time of the divorce? Have you spoken to an attorney about your plan to hide the assets from the nursing home? If he is covered by long term care insurance this may work but if his nursing home bills are being paid through Medicare they will go back x number of years to find assets, and if they find assets they can go back further.

**caseyzeman** · 12-11-2009, 03:45 PM

I disagree I think you are on the correct forum. yes usually your father will have to be there for the close. Because both of your parents still own the property. They are selling the property jointly. Are you wanting to keep your dad out of the process?? You could have escrow draft a quit claim deed to have your father sign his rights over to your mother and then it would be solely on her to close the transaction. Are the going to be any issues of mental incompetence or problem with your fathers cooperation?