Nobody frames property deeds and hangs them on a wall. In fact, if you asked most home owners where they kept their warranty deed or grant deed, they'd probably look at you funny, like maybe you're the only person on the face of the Earth who hasn't heard the joke about why American Idol is so popular. (Answer: Because it has a commercial for 24.) The truth is, nobody even thinks about
property deeds until they need to find a deed or sign a deed.And when would that be, you ask? How about when you want to change the title on your house? When I married, I called my local title company and asked them to draw up a new deed reflecting my married name. I was charged $25, which included the notary fee, even though the going rate was $125. I got the break on price because I argued it took 3 minutes to draw up a deed and offered to record it myself. But why would I change title? Because then the tax bills would come in my married name, no other reason, because it's certainly not legally required.
I'm confident, however, that you will have better reasons to learn more about property deeds such as warranty deeds, grant deeds or quitclaim deeds than simply wanting to see property tax bills printed with a different name.
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property deeds warranty deeds grant deeds quitclaim deeds
At the time of writing, Elizabeth Weintraub, DRE # 00697006, is a Broker-Associate at Lyon Real Estate in Sacramento, California.
Comments
When transfering a quit deed over to your spouse, is she also libel for the mortgage payments. Or is this a separate issue.
Until both names are removed from the mortgage, both remain on the mortgage and liability is shared. However, if you no longer own the home, it has been argued that you are no longer responsible for the mortgage. In the past, some creditors have accepted a copy of the title transfer as proof when considering credit for the debtor no longer in title. But it would be better for both parties in the long run if the person in title refinances the existing loan, which will remove the other party from liability. For more information, seek a knowledgeable real estate lawyer.
my ex. husband quick claimed the house to me. but im not on the mortgage. can he change his mind and sell the house? what if any thing can i do to assure that i keep the house? Im responsible for the mortgage.
Not if you recorded the quit claim deed in the public records. Did you record it?
Husband purchase home, on the Warranty deed, his name alone is listed, but does not state he is married. On mortgage papers, again his name is listed, but does state that he is married. This is in Minnesota, when it comes time to sell, will the buyer realized that the wife needs to also sign? If wife did not sign, what could happen?
You should speak with a lawyer because the wife most likely has a vested, if unrecorded, interest in the home. If the home is sold, a title company would ask for the wife to sign a quitclaim deed or it would not issue title insurance. If there is no title insurance for the buyer’s lender, that lender won’t close.
On the other hand, if a buyer paid cash for the home and did not purchase title insurance, the buyer could be purchasing a home with a cloud on the title.
Divorcing in AZ. Husband only on mortgage. Both Husband & Wife on Title/Warranty Deed. Husband wants to foreclose/short sale. Wife doesn’t. Payments current. House upside down 50K. Can mortgage company come after Wife if there is a foreclosure/short sale? Can wife’s credit be damaged? Can Wife be liable for deficiency to lender or for tax purposes to IRS? Please help.
I don’t know Arizona law, and even if I did, I couldn’t give you legal advice because I am not licensed to dispense legal advice. You really need to talk to a lawyer. I can say that it is unlikely you would be held responsible for a debt that you did not incur, but your divorce lawyer should be able to properly advise you and perhaps will suggest recording a quitclaim deed to your husband to remove any interest you may have acquired in the home.
If a husband and wife are on the deed and mortgage and they have a traditional will, willing everything to the other upon death, what can they do to assure that the ones wishes are absolutely granted.
One is worried that if they pass before the other, that they will not provide a equal split of the estate to all of the children.
my husband passed away last year. I made out a quitclaim deed. me as the grantor leaving my two boys as the grantee after i pass away. I was told Ithey would have to pay a 40 percent tax if this is not made out by a lawyer. is this true. and if so when soud I regester the form
ann
It might not be the tax to file that people are warning you about, it may be the tax basis of the home that is transferred. You should not arbitrarily record deeds without talking to a lawyer about the tax consequences. Some people set up living trusts to avoid this tax.
My dad has a prenup with his wife of 6 years. listing his house as his property. Our house is in his name only (from before marriage) We are adding my name as joint tenant, what role, if any does she have in this procedure?
Prenups are often subject to interpretation. You may want to ask his wife for a quitclaim deed and get legal advice as I can’t give you legal advice.
I bought a condo, and paid the taxes for it and a garage that came with it at the same time. I also got a letter saying both were in good condition and paid all fees for the garage. when I got the deed there was no mention of the garage, it was left off the deed. what can I do?
How long from date of signatures does one have to record a quitclaim deed in public records?
You should talk to the title company to see if the garage was included.
Couple has been living together for 17 years
Man wants to end the relationship, her name is on the deed but his name is on the mortage and he has been making full payments,how do you get her name off is she is not willing to take her name off the deed or move from the house until it is sold
My brohter bought a house in CA a few yrs ago with just his name on the title (grant deed). Now he wants to add my name to the house title so he drafted a new grant deed (indicating a new owner addition) + a prelimentary change of ownership (gift with no montary exchange). But we have a question on Pre. Change of Ownership form *Part I Transfer Information F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants?* Should we mark yes or no? What does *yes* mean & what does *no* mean? Should anything be marked as *yes* on this *Transfer* section?
Please kindly advise. Thank you!
You should never try to prepare a legal document yourself. Ask a title company or a lawyer to do it for you.
Thank you for the prompt reply.
I am sorry hat I did not word it correctly last time. We did have an escrow company do the paperwork for us, however, we just want to double check the check mark on this section since some of our friends/relatives did the exactly same thing before with other professionals and their documents were marked slightly different on this *Transfer* section.
We would greatly appreciate it if you can clear this up for us.
Thanky you.
Thank you for he prompt reply.
I am sorry that I did word my question correcly last time. We did have an escow company do the paperwork for us, however, we just want to double check the check mark on this *Transfer* section since some of our relatives/friends did exactly the same thing before and their documents were marke differenly in this section.
We suld greatly appreciate if you can clarify this for us.
Thank you.
I would like to know in the State Of Florida does a husband have the right to claim any part of my property that I purchased from my Father due to his age it was to be inheritance but he sold it to me.
To keep from having to pay any taxes his self.
But now I am having trouble in this marriage I want to sell this property and have the money to purchase a place to live I have 2 children my property has a house but it needs to be refurbished
If my husband and I divorce and my name is not listed on the deed or mortgage(we bought it a year before we married) am I entitled to anything?My name is on every mortgage payment.
It would depend on your state law and your lawyer’s advice. In community property states such as California, something as simple as co-mingling of funds may give a spouse an interest in a property without the spouse on title.
I am an out of state property owner and considering gift deeding a small property over to a local investor to remove a tenant and make repairs for city compliance. I understand that I will still be responsible for the mortgage. What other implications should I be aware of?
Perhaps whether the investor records the quitclaim and whether the lender will call your loan due and payable because title transferred.
Ex husband got house in divorce, both our names are on the mortgage, after 3 yrs he still has not removed my name. Will a quitdeed relieve me of financial responsibility?
A quitclaim deed transfers title but it does not remove you from the mortgage. Why don’t you ask your husband to refinance the mortgage? And you could ask your lawyer to draw a quitclaim deed and record it.
HELP. Divorced 5 years ago…house is mine per divorce but ex never signed quit claim. Am remarried and want to refinance with both our names and get ex off mortgage and deed. Can’t find ex to get the quit claim signed..only have divorce giving me sole ownership of house. What do I do to get refinance and deed change?
meant to add that am trying to refinance now and get all of the names changed. Mortgage co said I have to get a “certified” property sale contract. Who certifies this and how do I get that? Where do I get it certified if I get the contract signed? They said NOT by a notary…so who?
I have never heard of a certified property contract, so can’t help you there. As for the title problem, you may need to hire a lawyer to initiate a “quiet title” action. The lawyer who handled your divorce probably should have received a quitclaim or interspousal deed from your ex-husband at that time.
I own a new home and recently married. Would like to put my husband’s name on the deed so that we can refinance. What is the waiting period from when you ad a spouse to the deed and when can you refinance?
You can most likely add your husband at any time but to refinance, you have to have equity. If you have equity, then you can refi right away and add your husband.
My husband and I, in our 60s, are planning to get a first time home. I am not employed. What are the financial liabilities and benefits to me if I out live him and end up with a lot of mortgage to pay?
Also, would my signing or not signing the mortgage have effect on this?
Perhaps you may want to take out an insurance policy on your husband, naming you as the beneficiary? You might want to ask your insurance agent this question.
Whether you sign the mortgage has no bearing on the fact that it will be secured to the house you buy and doesn’t vanish just because a person dies. The money is still owed to the bank. If you can sell the home for enough, you may be able to pay off the mortgage.
transferring a piece of property from me to my trust….do i need to do quitclaim deed or a warranty deed?
Generally speaking, a warranty deed transfers title and a quitclaim transfers an acquired interest, but each state has different laws. You should ask a title company or a real estate lawyer to make sure you comply with the laws of your state. Both types of deeds do essentially the same thing.
I co-sign with my sister so she can get the loan for property. I want to quitclaim it over to her, I want no part of it, but I don’t want to be legally responsible. If I quitclaim it am I still responsible for the mortgage and any law suit if someone try to sue?
Most likely, yes, because your name is still on the mortgage. Perhaps your sister can refinance, which would remove your name.
I live in Ohio. After 34 years, I helped my husband in buying out his mother from farming business(his father died). He worked all his life on farm and I had to work outside of home due to his low income on farm. My job of $60K/year helped him get approved to buy his mother out. However, his family didn’t want my name on deed, and he agreed. I am on all the loans to the bank. So I own no assets after 34 years of marriage and all debt. Am I liable for this debt? Am I entitled to any assets. In ohio.
Ohio has different laws than California, so I have no idea, honestly, if you are entitled to any of the assets. Does your husband have a will? And what’s to prevent him from adding your name to the title now that the transaction has closed? You should talk to a lawyer, but you can also call a title company’s customer service department and ask them about it.
if a house is jointly owned by 2 brothers, and they live in that house with their families, and after about a year, one of the brothers, due to recurrent family tensions/clashes, is forced to move out with his family to another rental accomodation, without any written deed or MoU in place, what are the implications of this on the one who has moved out ?
Both brothers would remain on title, regardless of which is in possession. If one brother wanted to file a legal action against the other, he would have to seek legal advice.
From California: My husband has agreed to quit claim our house to me. I hope to fill out the online forms, record the quit claim, then talk to a title company about getting only my name on the deed, and then if possible take his name off the mortgage (only his name is on the mortgage and I am paying it myself.) Does that cover all bases? How do I get his name off the mortgage?
By recording the quitclaim, you are transferring title to yourself. You don’t need to involve the title company unless you don’t want to go to the courthouse to record it.
The only way to get your husband off the mortgage is to pay off that mortgage or ask the mortgage lender if it will let you assume the mortgage. But the mortgage lender probably won’t. It has little incentive. You’d most likely have to refinance.
I recently file chapter 13 six months ago and i am foreclosing on my house under my name. My mother is going to purchase a house with cash and i wanted to know if there was any issue of me being on the title? This is so i can get homestead. Would me being on the title make any issues with my bankrupcy?
You should ask your bankruptcy lawyer that question. I would imagine that all of your assets would need to be disclosed to the court. If you buy a home, that’s an asset, depending on equity. But I can’t give you legal advice.
Currently in the process of purchasing a new homw in Florida. Is it true that my name can be on the mortage even though, my husbands name is the only name on the contract because it’s thru his credit and not mine?
No, that is not true.
divorced in nc, ex hubby and i bought house together, both on deed, but not on loan. he disapeared after seperation. what legally can i do? i cant affored the payments, but want to keep it?
Was there a quitclaim deed signed at the time of your divorce but perhaps never recorded? You might want to check with your lawyer. Usually title transfers are handled at that time.
As for your payment problem, I’d suggest calling your lender to find out if you qualify for a loan modification.
My wife and I are buying a home. My sister is lending us money for the down payment. She wants to put her name on the deed. Her husband does not know. If she were to divorce her husband, would he have any legal recourse on stake in our property because her name is on the deed?
The only way I would put my own married sister on a deed with me would be if her husband handed me a quitclaim deed.
My husband is on the quit claim deed but he is not on the mortgage. If I file bankruptcy on the house will he be held responsible for that mortgage?
Hi Chasity: Generally, the only individuals responsible for the mortgage are those whose names are on the mortgage.
If i name some one to pay my property taxes if im not able to for any reason does that mean the property is automatically his/her
No. That’s the short and sweet of it.
My husband and I have been married for 6 years. The house was paid off last year, but the deed is still in his deceased ex-wife’s name and his only. He has 2 children by that marriage. What are my rights if something should happen to him? We live in Virginia.
I don’t believe that Virginia is a community property state. You’d need to check with a lawyer but I’m betting you would need to be on title to have a claim.
I am wanting to buy a home, but can’t get approved for the mortgage so my Grandfather says he will buy it and then we can put my name on the deed. My question is if he dies then I am told that the house will then just be put under my name and I will continue with the payments, but is there any taxes that his estate will encounter because of this or does it just go to me free and clear without additional money worries?
Thanks.
It would depend on whether the deed was delivered and recorded prior to your grandfather’s death. Ordinarily, once a deed has been recorded, title has been transferred and the property no longer would belong to your grandfather.
Now, whether the lender would call the loan is another story.
we have purchased land (no house) from family. We had a quick deed done. We have title insurance and title search done. There was a mortage that was released before we titled it. Im not for sure how long the mortage was on there, but my question is…
we have a neighbor that has a quick deed title, that said it own part of the land we bought… there are a few things i don’t understand..
his deed we know for a fact was recored wrong…
and there was a mortage on this tract …
who can that be?
who’s property is it? there deed will be dated before mine? but its recorded wrong….
ours is recored right with assessers and we have paid the taxes on it?
..also we are getting a house put on it… it there is anything on that property… the mortage company would find it …??
what do you think…
I think since you have title insurance you should bring this matter to the attention of your title company.
Husband purchased a second home during our marriage, he co-purchased with my daughter (from previous marriage). My name is not on the deed, only his and my daughters. Our Property Settlement Agreement states the house must be put on the market on or before April 2, 2012. We are in the process of a divorce. My lawyer tells me I own 1/2 of his 1/2 ownership in that house because the house was purchased when we were married. My question, since my daught and I own 3/4 of ownership in the house and he only 1/4, since we want the home sold now, and don’t want to wait can we force him to sell? Our state is Virginia.
You don’t own 1/4 of that house because your name is not on the title. It sounds like you have an “interest” in your husband’s property. Generally, you can’t force a person to sell without taking that person to court and presenting just cause. You might want to ask your lawyer if he can move up that date to sell as it’s what? 2 years from now?
If the mortgage is in your parents name and the deed in your name . Can the parents change the deed back to there name with out my signature?
Only the individual in title can sign and record a deed to change the name on title.
My parents bought a trailer with my sister 5 years ago. They have since became disabled and my sister had them move in with her 3 years ago. They have been making the trailer pmt and rental for 3 years, while waiting for the house to sell, with no luck. They cannot afford to continue making pmts due to their depleted savings account. If my sister quitclaimed the house to my parents and they short sold the home, would my sisters credit be affected?
The individuals whose names are on the loan would be affected by the short sale.
IF (in Texas) a warranty deed is signed and notarized, but then the seller of the property dies before it is recorded, is the property transfer still valid?
My dad has property he owned with my mom before my mom died. He later remarried and now has cancer. He would like to transfer the property to my step mother and so we filled out a waranty deed, but didn’t know what happens if he dies before it is filed. Right now a lawyer is trying to draft a more current will because the last one written was before my mom died, so there is only an older will. I just didn’t know if this would settle things or if my sister and I (neither one minors) need to sign an affadavit of heirship or what. Thank you,
I hate to say this, but Texas has real estate laws not applicable anywhere else in the country, so I have no idea. You’d have to ask a lawyer in Texas that question.
My wife and i have property that we have purchased and inherited over the past 45 years, some is in both our names–some are individually deeded to either my wife or I (individually). In our wills, we would like to leave the majority of our property entirely to our only daughter, and the the rest, (our primary residence) to our daughter with a lifetime right retained for the surviving spouse. Is there an easy way we can we make this happen? I guess I’m confused about “willing” property that is not in the name of the deceased–and not having the ability to deed property to one or the other of us, based on not knowing who may pass first. Thank you in advance for your time…
In California, for example, if you both hold title to all the properties as joint tenants, if one of you died, title would revert to the other. If both of your wills gave any property you owned to your daughter, that would probably do the trick. But there may be more tax advantages to a Living Trust, so I would suggest you talk with a lawyer about this because I am not licensed to give you legal advice.
my mother is selling land and house through a Land contract. If she dies before buyer has paid it off is it still binding and legal or will they lose the house? There is still money owed on the house through a finance co.. She is the only one listed on the deed. She wants me to be listed on the deed as well to insure that the buyers still recieve the property if something happens to her because there are other siblings who would not cooperate. Is it possible to add someone to a deed if there is money owed on property?
My parents died and my brother and I have the house, no mortgage. The estate is in “estate of” my mother’s name and that’s how the property taxes are paid. We need to change the property tax situation so that my brother’s and my names are on it (he’s disabled and would be entitled to a property tax discount). The county clerk’s office said we need to draw up a new deed. I think the old one is still in our parents’ name. How do we do that?
Ask a title company to help you. They generally charge less than a lawyer.
If my grandfather only had an property-land deed in two of his kids name which he had with his wife names only on the deed and my mother and my uncle who where born by my grandmother names arent and my grandfather died 45 some odd years ago and my uncle and aunt died about 10 years ago and know my cousin want give us any of the land that my uncle and aunt had is there any way we could possibly go to court to get it resolved.
If both kids are on the deed, your cousin can’t take away your property.
My parents passed away, leaving a home equally shared by their 4 children. They said they deeded the house so that if any of us dies, that share goes to the remaining children. If one of these children are married, does the surviving spouse have any claim?
Hard to say without knowing the vesting. A surviving spouse can always make a claim but whether that claim would be upheld by the court depends on state law and other court cases.
If in the warranty deed if there are two individuals that indicate Husband and Wife and they are not married is this document valid?
That’s a good question! Common sense would say the individuals own the property but just not as husband and wife. But that’s a question for a lawyer or title officer to answer.
My father was in his late 90ies and for social service purposes my sister drew up a deed to the house and land. She deeded the property to herself and I’m Positive that she forged my father’s name and paid off the notery. Can a person prepare a deed to themself in north carolina? What stepts can I take to solve this problem?
You may need a lawyer to straighten out this mess. There are crooks everywhere, and sometimes you find them within your own family.
My stepmother is going to help me buy a house. If we buy a house together with her putting up part of the money, can she then quitclaim the house to me without tax problems for me?
Thanks!
She could be creating tax problems for herself and both of you should get tax advice from a qualified tax accountant / CPA.
Just recently got married. We live in my husband’s house. We have a prenup signing my rights away to his house. Now he wants to add me to the mortgage/deed which will give us a better finance rate. How does this affect the prenup? Isn’t it completely moot that my name is on the deed since the prenup says I waived my rights? Will this hurt me if we divorce and I need to get a mortgage of my own?
You should ask a lawyer because it’s possible that by going on title you are gaining an interest in the home that could override a previous agreement to the contrary. I can’t give you legal advice. Also, once your name is on the mortgage, it stays there until it is paid off, which means if your husband defaults, you might be responsible for the mortgage, even if your name was not on the deed.
My husband refinanced our home and I had my name removed from the mortgage but not the title. If he loses the home can I be held liable for anything including taxes.
You should check with a lawyer because I’m thinking you might have this backwards. You might be removed from the title but not from the mortgage. Since your husband has refinanced and, if indeed, you are not noted on the mortgage and did not sign any mortgage documents, what reason is there to keep you on the title? That doesn’t make sense.
MY PARENTS HAVE PASSED AWAY AND THE HOUSE IS NOW IN MY NAME AND HAS BEEN RECORDED AS SUCH AT OUR COURTHOUSE HERE IN ALABAMA. THE MORTGAGE COMPANY CONTINUES TO SEND ME THE STATEMENTS IN MY DAD’S NAME EVEN AFTER I’VE RETURNED THE NOTARIZE AND COMPLETED ASSUMTION/NAME CHANGE DUE TO DEATH/TRANSFEREE/TRANSFEROR DOCUMENTS. WHAT CAN I DO TO GET THEM TO PUT THIS IN MY NAME AFTER 2 YEARS OF GOING BACK AND FORTH WITH THEM?
You can refinance.
I’m looking to get married. Before I met my fiancé, she purchased a home that is upside down by about 150%; as well as, attained student loans that average about 50 thousand dollars. My name isn’t on any of the aforementioned debts
When we marry, will I be liable for any of those debts she attained before we got married? Will I be liable for any of those debts if we divorce or if she passes away? Is a prenuptial agreement necessary to protect me from those debts she attained before we got married?
I’ve heard of spouses accidentally acquiring a community property interest in an asset but never acquiring a non-affirmed debt. But it’s hard to say what laws in every state are and, even if I did know, I couldn’t tell you because I’m not a lawyer. Some states have pretty weird laws — Florida and Texas, to name two.
It might be a good idea to get a prenup drawn up, anyway.
My friends Dad died suddenly and both their names are on the deed but the mortage only had his name, she kept sending mortage payments for a year after his death until someone told her she should stop and get her name on the mortsge (this is a condo) she also stopped paying HOAs based on this persons advice…anyhow I advised her to contact the mortage compamy send copy of death record and deed and asked to reevaluated the mortage but the only response she got was your name is not on the mortage therfore we will not discuss the matter with you, now the condo is going to foreclosure due to payments owed and the HOA management has pushed to speed up foreclosure to collect back HOAs and to rent it out to collect extra monies(this complex now has a receivership appointed by the courts)…how can she get anyone to listin to her….is there someplace in Orlando she can go and get advice, she is a single mother now and money is tight for her or she need a lawyer ????
Your friend should not have stopped making the mortgage payments. At this point, it’s unlikely that she can stop the foreclosure unless she bring the back payments and delinquent HOA current — for accurate and low-cost legal advice, perhaps she should contact the Legal Society of the Orange County Bar in Orlando: http://www.legalaidocba.org/
If I put my mom on my deed to up the income needed to refinance for a little cash out ($25,000), are there tax consequences to her or me? And, once she is on the mortgage, can she quit claim the deed back to me. Thanks.
Yes, there could very well be tax consequences in addition to legal consequences. You should contact an accountant before doing this.
My wifes father transferred deed to his home to my wife and her 2 sisters 5 years ago. I recently told my wife i will be filing for divorce. The next day she called to say i need to sign paperwork to transfer the deed back to her fathers name. Why would i need to be involved in this if my name is not on the deed?
Brian in PA
Probably because you are married and, as such, could have acquired an interest in your wife’s assets. Typically, though, you would sign a quitclaim to your wife, not to her father.
Is there any way to take over the mortgage on our house if it is in only my soon-to-be-ex-husband’s name? He wants out of the house and is willing to sign whatever paperwork is necessary. Round Rock, Texas
Probably not, not without assuming the loan in writing. You should check with your lender. That doesn’t mean people don’t do it but before you take title “subject to,” check with a lawyer.
My father was married briefly to a woman in 1979. He ‘dollar-deeded’ her onto the house and then they divorced in 1982. She relinquished all rights to property in the divorce decree, of which I have a copy. In 1989, my father had a will made making me the sole beneficiary of the house upon his death. He died in 1990. I finished paying off the house in 2003 and I finally filed the will and received the Letters of Testamentary in 2009. I want to file an updated deed reflecting my ownership of the house but am confused over the ex-wife’s name on the deed. He never did a quitclaim deed or anything for that matter, but he did have the will. What do you suggest? Thank you.
I suggest you get the ex-wife to sign a quitclaim deed to you or you may need to hire a lawyer. A title company can probably help you to prepare the deed, and it needs to be notarized and recorded.
My son and his neighbor both have a deed for the same .7 tenths of an acre. The property was sold twice. What should he do?
Thanks,
Sue White
He should get copies of both deeds to determine which was recorded first and speak with the neighbor. He can get copies of the deeds at the courthouse or wherever your public records are kept. Depending on the results, he might be able to get an answer from customer service at the title company but he might also need to hire a lawyer.
a married couple has a mortgage on their home. The wife was sued in court and lost. In order to avoid judgment the wife had the property conveyed to husband only using a warranty deed. Can a warranty deed be used in PA. when there is a mortgage on the home and a judgment looming in the future. Wife & husband are on mortgage lien.
You should speak with a lawyer. Your timing might be called into play. It could depend on when the judgment was issued vs. when the deed was recorded, all the way down to whether you should have recorded a quitclaim instead of a Warranty deed.
Typically, the mortgage doesn’t matter. It’s who owns the home.
I have bought a house from my Mother on a rent to own basis. I have paid 30,000 for this house and have done alot of major repairs. Not she has been putting me off on a deed for this place since last Febuary. I have all reciepts with balance owed & what paid. I am disabled and cannot afford a lawyer. What can I do?
Please some one help me.
You might want to see if you can find a lawyer who will work with you pro bono. Try calling Legal Aid.
I need to know when a person is entitled to farm land lease money.
I have property in my name alone. I signed an agreement in 2009 to give some of the farm land to my brother. In 2010 I signed the deeds. Now he wants land lease money for 2009 and 2010.
In the Settlement Agreement, he agreed not to ask for land lease or rent money. Is he entitled to land lease money for 2009 and 2010?
I say he did not have possessio of the land until the deed was signed in 2010. The Settlement Agreement is just a promise to give him land and not a co-owner ship.
What is the legal answer?
Your brother can say whatever he wants and, for that matter, so can you, but until a lawyer reviews your paperwork, I’m afraid that nobody can give you an opinion. Well, you may get opinions, but if you want an opinion you can rely upon, a lawyer needs to provide it.
Fist of all, thank you! your articles and comments are very helpful!
What are the general tax rates to be expected if grandparent was to transfer their property in CA to there grandchildren or children?
Property taxes are about 1.25% of the sales price, give or take. As for taxation on the sale, that would depend on the grandparents’ basis in the property, and for that calculation, you’d need an accountant. Maybe you should look at setting up a Living Trust instead?
I own a house outright. I married 4 years ago and want to put my husband on the title now. We are having financial difficulties. If I wanted to file bankruptcy, would adding his name be looked at as fraud? Is there a waiting period after which it would not be? At this point we understand that the home is too valuable not to be sold if we were to file, so we’re not expecting to be able to file bankruptcy anyway.
What you should do is speak to a bankruptcy lawyer because many homeowners are entitled to keep their homes through a Chapter 7 or 13.
OK….so the situation is my husband’s 91 year old grandfather has willed my husband the house he lives in upon his death. Since the will was written he has fallen and is in ill health. It is looking like he may have to be moved to an assisted living center. The great uncle has advised us to make all the changes necessary before we move him. He said we need to buy the house and have the deed changed so the state can not come after the house. He said we can buy the house for $100, it doesn’t matter, we just need to show the house was purchased. Is this true? How do we protect the property from being seized by the state for payment? Please help.
You should contact a lawyer in your state to determine how to avoid a claim from the state. Most people use a deed to transfer title, either a warranty deed or a grant deed, depending on the type used in your state. How much consideration is given as payment will also depend on your state law. So, please see a lawyer for advice.
I live in Texas, my husband passed away a couple of months a ago (no will). How do I remove his name from our mortgage loan so it could only have mine. I want to pay off the house and I want the deed/title just to say my name.
I am unfamiliar with the laws in Texas as they are quite different from other states, and even if I knew the law in Texas, I couldn’t tell you because I am prohibited from giving legal advice as a licensed real estate broker. I would need a law degree for that. However, I can tell you that removing your husband’s name from title is fairly easy and should probably entail recording a death certificate, providing you both held title as joint tenants. You should ask a title company to help you. Removing his name from the mortgage is probably impossible unless you refinance.
My sisters and I are in the processing settling our parents estate in Ohio. There is an apartment we want to sell and have a buyer. I am recently re-married (lost my wife unexpectedly) and before we were married we signed a prenup which we both believe in and support. The issue is the real estate agent says that my “current” wife must sign the purchasing agreement and deed in order to close the deal even though we have a prenup, the apartment is in a living trust and I don’t feel my wife should be signing documents for which she has no interest. Why should my wife be signing any documents ? Thank you,
What does a real estate agent know? The person who should be advising you on this would be your lawyer or the title company. I imagine the title company, in order to issue title insurance, might want a quitclaim deed or interspousal deed filed, which would remove any interest in the home your wife might acquire through marriage, but if I were you, I’d ask a lawyer.
In secruity of a loan, a quitclaim deed to a property was signed over to me and this was recorded. The loan was not paid – can I sell the property to get my money back and what if the property now has equity though at the time of the transaction it did not?
You can probably sell it if there are no other loans secured to it and nobody else is in title to it. You should check with a title company.
In 2006, my husband purchased a property in Mississippi, he is on the mortgage and I am not, but I’m on the title to the property. We were married at the time and my credit was in the toilet. Are relationships listed on the title…for example, would I be listed on the title as wife or spouse?? We’re no longer together and I’m trying to puchase a home out of state (CA). This property appeared in a public records search by my lender?? Can my relationship to him be removed from the title?? I’m not financially obligated on the mortgage, and don’t want to lose out on my home purchase..HELP….
Did a lawyer handle your divorce? How was the property negotiated at that time? Typically, real estate is divvied up in a divorce. You probably cannot simply quitclaim your interest to your ex-husband without his permission but only a lawyer can answer that question for you.
I do not believe that your California lender “found” this property on a “search,” though. Not to mention, your lender will require a copy of your divorce decree. Do you have that?
Can you legally make a correction on a warranty deed. Like if they came to record it and the legal was incorrect can they mark out on deed and correct and then record?
You need to ask a lawyer in your state that question. Sometimes, other documents give certain individuals the right to change or correct mistakes in documents.
I was looking through our county court records and can not find our deed under our current mortgage company that we have been with for nearly 10 years. Every other mortgage company we have been with is listed including refinancing but nothing is showing under our current lender. What do you think this mean?
Your deed is in the records. It doesn’t vanish. Are you talking about a trust deed? Assignment of trust deed? Maybe your lender sold the loan and is still servicing it but no longer owns it?
How To Short Sell Real Estate and my x not in the country and she is not welling to sign the deed or pay any money and she is not willing to come back to the US. What shold i do?
You may have to let the home go to foreclosure then. I’m sorry. The ex needs to deed out or there will be a cloud on title and no title company will insure it. You could take her to court to try to force the sale, but if you could afford to do that, you probably would not be pursuing a short sale. Won’t the ex consider quitclaiming the home to you?
When we were selling our house, a builder offered to take over the payments and upkeep of the house, and after a year he said the property could be transferred to his name due to him making the payments we ended up signing a warranty deed and paid a fee, does this mean it’s his now? He is not keeping up the payments and the mortgage is in our name, he has yet to tranfer like he said, can we take it back?
It sounds like you were bamboozled. You need a lawyer. Banks don’t do what this guy said they do. The loan stays in your name until you refinance, which you can’t do because no longer own the home.
I am in the process of a divorce and want my husband to do a quit claim deed on the house and sign it over to me, of course he is taking his time with it. If my name is already on the deed for the house, is it neccessary for me to file a quitclaim with him?
Only if you want to get him off title to the house.
I have a friend that was common law married and they seperated three years ago and she is barely filing for a divorce but all they had jointly was the house and when she left three years ago we signed a warranty deed and filed it in court. my question is will she still have a part of my house?
If she signed the deed and it was recorded, you should be in the clear. I don’t know if common law marriages are recognized by title companies or whether one person in that type of situation could cause a cloud on title. It doesn’t seem possible, but only a lawyer in your state could properly answer that question.
Father has passed away. Will states all property to be divided between all children. Can house be deeded in all childrens names? One of us has lived in house for most of the time father has had the house and is keeping up the mortgage payment. Any requirements that all siblings will have to meet? Will the bank holding the mortgage go for this? Will the house have to be sold to abide by the will? Can one of the siblings by the house for what is still owed? This is in the state of Indiana. Would really appreciate your help with this matter as it is causing a big rift between all of us. Thank you
You should speak with a probate lawyer in Indiana. Generally speaking, there is no limit on the number of people who can hold title to a property. The sales price needs to be agreed upon between all of you if you plan to sell or if one of you plans to buy it. If one sibling buys the home for the amount of the mortgage and the home is worth a lot more than the mortgage, the remaining siblings won’t receive their inheritance. They might feel cheated. If the home is worth much less than the mortgage, the sibling who wants to buy the home would be a fool to do so.
Ask a local real estate agent to prepare a CMA.
My mom deeded her house to me 10 yrs ago. She is very ill; if god forbid she passes, does her common law husband have rights to this house? Or is it leagally mine?
Hard to say. I do not know the laws in your state, and I am not a lawyer, so even if I did know the laws I could not recite them to you.
Anybody can object to title for any reason and file a lawsuit. Do you think your mom’s boyfriend would file a lawsuit? And if he did, perhaps a judge would question why he waited 10 years to do it, and a statute of limitations may very well apply.
I have a slightly complicated situation. Currently at present my name along with my parents names are part of the deed. I would like to replace my parents name and add my wife’s name on the deed. Is it possible? My parents are on baord since i am the one who always paid for the mortgage. In order to change the deed, would it tirgger gift tax or property transfer tax or any other tax consequences? Can it be done without going to the attorney?
It can be done without an attorney but you should get legal assistance or a title company to help you. As to your tax consequences, you’ll need a tax accountant to answer that question — preferably an accountant who is intimately familiar with your personal taxes and your state laws.
I signed a quit claim deed over to my husband in 2008, but never filed it. I’m considering filing the deed, filing for divorce, then filing a Chapter 7 in 2013 (more than 5 years after signing the deed). Will the bankruptcy court go by the signature date or the filing date on the deed? I want to avoid them taking the house as my (2) children adult will need a place to live with my ex.
You should ask a bankruptcy lawyer that question. I can tell you that ordinarily a deed must be delivered. But if you still have the deed in your possession, it might not be considered delivered, in which case it would be the date it was recorded.
I purchased x wifes forclosed house. She wants me to sell it to her on a rent to own with 0 down and 0 balloon after 5 years. Can I transfer the title for $0 to her without complications?
You need legal and tax advice, not real estate advice on this. Generally speaking you need consideration for a transfer to be valid, and zero is not consideration. You could also face possible tax consequences.
My huhusband refinance our home for 175,000.00 while we were separated and forclosed the house. Am I responsible for the debt? I live in California.
Did you sign the note and trust deed? If you are on title, it is unlikely the bank made the loan to your husband without your signature. If you were not on title and did not sign a note and trust deed, then it is not your property or concern. But you might want to talk with a lawyer to make sure you are protected against any other debt accumulated by your husband.
As I filed for divorce, my ex to be testified that he refindnced our home for $100,000.00 without my knowledge but the judge awarded me only $30,000.00 of it. Can I file a law suit to get the rest of it?
I am on the title but I was separted at the time when my ex to be refinance our house. I checked at the Los Angeles county Home title office, I found out that the document was not recorded. I wentto the Escrow company, it was closed. I checked at the California Security State Debra Bowen, I found out the company was desoved. I went to the bank that allowed my ex to refinanced the house, the bank was taken by Bank of America and Bank of America does not know anything ablut it. How do I reach to the bottom of this thing before I ended up with a lot of debt? Or wherenshould I go to get more information about this thing?
Sonia: It would appear that you would like to appeal the judge’s ruling, which means you would need to ask the lawyer who handled your divorce — or some other lawyer — how to do it.
Merry Alen: If there is no evidence or documentation that your ex refinanced your home, then he probably did not refinance it. It is very difficult to refinance a home with one signature when two or more people are on title. Call a title company to find out if a new loan is recorded against this home.
Since I live with a limited income, i got a Pro-Bono attorney and my attorney sided with my ex’s attorney and let everything go their way. I don’t think my attorney will be wlling to give me the documets that has my ex’s testimony. Do I have the right to request for the documents in order to appeal?
Sonja: This is not the place to ask legal questions about getting divorced because I am not a lawyer and cannot answer those questions. You need to speak with a lawyer. Maybe you can check with Legal Aid?
I just found out my deceased father who was unmarried purchased a house with a friend who was unmarried. The friend is presently living in the house. My father died in 1997; and his property went through probate. However this property was missed. My father died without a will and I’m the only child. My Dad’s name and the friend’s name are both on the the Deed. Do I now own half of this property?
I am not a probate lawyer so I can’t tell you. You should speak with a probate lawyer who can advise you on your state’s laws.
I finally found the owner of the closed escrow office. She promosed to call me and agreed that there might be a fraud involvement betwen my ex and the escrow officer. Shall I cotinue to contact her?
My exhusband is claiming to want me removed from the title of a home we still own together. Mortgage is still in both names. We are in escrow to sell, I am worried that if he can remove me from title before the close, I will have not right to the proceeds from the house if if the divorce paperwork states that I get 50%. To complicate matters, my father has invested $25K in the house and is expected to receive payment at the sale of the house. I have him listed with the escrow company, but fear the ex will mess with that if I am removed from title.
Can I be removed without my knowledge in CA?
Is he planning to forge your name? All parties on a deed must sign to sell, providing they are alive. But this is not legal advice. You should ask your lawyer this question.
Thank you for the support. I just need to know that he can not just take me off the title without needing my signature. Shouldn’t that need to be notarized?
I’m guessing there is a reason he is your ex. Far as I know, all deeds must be notarized, but I am not a lawyer and can’t advise you. You should ask your real estate agent this question.
Question – My sister’s home, the mortgage and deed are in her husband’s name and inlaws. The mortgage is almost paid for. How do they go about adding her name to the deed.
Most deeds are fairly simple. If title is held by John Smith, and Mary and George Smith, John’s wife would be added by deeding from John Smith, Mary Smith and George Smith to John Smith, Susan Smith, Mary Smith and George Smith. A title company or a lawyer could draw the deed for you. But make sure it is recorded.
Our mortgage is in only my husbands name due to my ghost credit status at time of purchase. We are now 60k+ upside down, restationed and unable to sell. The purchase took place after the deadline for the military help so no luck there. We are current on mortgage but are needing to short sale. We have heard stories that if you short sale the bank can go in and liquidate all the available funds in the bank account. Now for my questions: Is this true? Can they take everything (and it’s not much) that is in there? Also, being that my name is not on the mortgage, can they go into my personal account and remove funds in that as well? The personal accounts that i speak of contain stipend dispursements from the VA and student loan to pay tuition and living costs plus a side savings that is funding only our car loan monthly. Thank you for any input.
Banks can only pursue borrowers who are responsible for the loan. I do a lot of short sales in which only one party is on the loan. After we close, the other party buys a new home, providing the other party has good credit.
Should a Last Will and Testament be filed in the court system or not
Most people want to keep the contents of a Will private. Depends on what your state laws require. We have probate court in California. You should ask your probate lawyer this question.
my wife needs to have her name put on her father’s property deed, titles and etc..the family does not have the money for a lawyer is there other options or resources.
I think you are asking for somebody to perform a legal act that could require a person to be a lawyer. There is probably a black market for this somewhere, but I don’t know anybody like that. Nowadays, if you want legal protection and your deed to be valid without question, then you pay somebody to do it who has a license or is authorized to perform such acts. You might also check with Legal Aid.
I would like to know how can my mother claim a house that was her ex-fiance’s house in which he passed away in 2008. At that time before his death he has told his mother and my mother that he is going to give his house to my mother. But his death was sudden and he left no will and now the house is now under the next of kin which is his mother. But my mother has made attempts to contacting her and she said that she is supposed to come down to try and do something about the house but she never did. It has now been 3 years and his mother never showed up to claim or do anything to the house. So…my mother is now taking action to claim the house since his mother isn’t going to. His house is paid off and now the only thing is just the taxes. My mother is wanting to find out how to claim the house or where can she read in writing to see that when someone can claim the house just by paying the taxes and or a tax lein on the property so she can claim owner of the home before it goes to auction. His property is still in the home as well as my mother’s and even his vehicle. By the way his mother lives in Wisconsin. Sorry if that’s a lot of writing, hope that makes sense. Thanks.
It is true that in some instances you can claim ownership of real estate through a legal procedure called adverse possession or through a tax sale; however, you need to contact a real estate lawyer in Wisconsin to advise you.
My father and his brother purchased some land years ago and were to spilt the land. My father back then didn’t know you had to go and sign to be put on the deed and his brother said he would take care of everything. His brother also told my father not to worry about the taxes since he wasn’t deciding to live on the property. His brother had a mobile home on his property and my father’s was only wooded. Years later now my father wants to will the land to his children so we look up the property through the county and it is only in his brother’s name and not his. We contacted the brother and offered to pay an attorney to have the property separated to 2 deeds and to pay the taxes of his property that they paid. The wife was upset and refused to let us speak to the brother and stated that he wasn’t signing anything and that the land was theirs because her husband had worked hard on that land with labor, maintenance, etc. He would only mow about 3/4 of 5 acres and maintained it because he wanted to for all the years. We do have receipts from where my father paid him for his part of the land. Do you think it’s possible to fight them in court for the land
I think a lawyer would think so. But it would probably be a case of he said, she said.
I live in Southern California and bought a home in October 2009 via FHA financing and would like to transfer ownership (title, mortgage, etc.) to my parents via the simplest, the most cost-efficient way (parents are on low, fixed income). My initial mortgage broker indicated that a Quitclaim Deed would be possible solution, with them refinancing later in order to remove me from the mortgage. Based on the posts/responses, it would seem a Quitclaim Deed is probably the best viable option for my situation – here are my question(s): 1) I received the $8K first-time homeowners credit, but can I gift/sell/transfer ownership of my FHA-financed house to my parents within 2 years of initial purchase? 2) if execute quitclaim, can the ‘consideration’ be $1 or does it have to be the appraised value? 3) what sort of taxes (if any) would we be subject to if quitclaim is executed? 4) Would ‘Gifting’ be more advantageous? Taxes? Appreciate any feedback you can provide, and thanks in advance!
I just had a client go through, this and she had to pay the tax credit back out of the proceeds of sale. You need to get the advice of an accountant, and I am not licensed to give tax advice. I can tell you that FHA does not allow “subject to” transactions and it can call your loan if it wants to after alienation of title. You can get yourself removed from the loan if your parents qualify to assume it.
In the state of California, can Spouse 1 add Spouse 2 to preowned mortgaged property without refinancing the properties? If so, how would this be done?
I can’t give you legal advice and you are asking a legal question. There could be other circumstances in your situation that would make a quitclaim not your best choice; however, most people would simply sign, notarize and record a quitclaim deed.
Spouse 1 would deed to Spouse 1 and Spouse 2. You need to figure how you want to hold title, and this is where a lawyer could be helpful as well. Joint tenants? Community property? Community Property as Joint Tenants? Tenants in Common?
I live in Colorado. My mother (who owns her property outright in Colorado also) did a quit claim deed to me and it has been filed with the county. Does this mean that I own the house outright? Do I need to have a Title or new Deed written up with my name on it? If so, how would I go about that? What documentation other that a copy of the Quit Claim Deed do I need when the time comes to sell the property?
I can’t say without looking at the deed. Even then, I would not be able to give you advice that you could rely on because I am not licensed to give legal advice like that. However, if the deed was notarized and prepared properly, the likelihood is you do indeed own the property. Who is listed on the tax records?
My mother is the only one that is listed on the tax records. The property taxes are all paid to date. On the deed, she put the dollar amount as “for love and affection” as this was gifted to me and the property value is only $125,000. here is what is says minus the actual address and names:
Witness, that the Grantor, for and in consideration of Love and Affection, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and QUITCLAIMED, and by these presents does remise, release, sell, and QUITCLAIM unto the Grantee, his heirs, successors and assigns forever, not as tenants in common but as JOINT TENANTS, all the right, title, interest, claim, and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of (deleted) and the State of Colorado, described as follows:
(deleted address)
To have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit, and behoof of the Grantee, his heirs and assigns forever. When used herein the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
Furthermore, I understand that this document may have important legal consequences and the parties hereto are advised to consult legal and tax or other counsel before signing.
You should ask a lawyer to look at it.
I have federal & state tax liens on my personal home and on property that is held jointly with my sister. The mortgage is in my name only. My sister wants to refinance the mortgage in her name only, with only her name on the deed. Will she have to pay my federal & state taxes in order to do the refinance?
Generally, liens are attached to the property, so you can’t do a refinance without paying them off. You might be able to get a temporary release and reinstatement. The only time I’ve seen the IRS release is when there is no equity. You might talk with a lawyer about this.
I’ve been married 4 years and I recently was going through the safe when I came across a package of Deeds that my husband and his ex-wife signed together in 2006, they divorced and we started dating in 2007. If he passes, does she get the house and property. We live in Pennsylvania and the house is paid for. We also have a Living Will that claims I will get the house and property, but will that hold up in court against the Deed??
Funny thing about Wills. You can only bequeath what you own. You should seek legal advice.
I purchased my home a year ago- and paid cash for it.–being 79 yrs old. I want to transfer the house to my two son jointly. I would continue to pay taxes on the house and all the utility bills. Would the taxes, etc. be sent to my house??
I sold my home before I purchased this house, went thru the closings—paid fees, etc. My lawyer helped me get the house for homestead fees, etc. Charged my $350. Now if I go to him again what would be the fee??? I guess I have to get a deed—would be too complicated to do myself. What do you advise.
I think if your lawyer charges you another $350 to draw a deed, a) your son is worth it and b) your lawyer charges too much. For that, you should get dinner, too. At his house.
Ex-husband and I finalized divorce a couple of years ago. we purchased a house a couple of years prior and in the divorce agreement, he was awarded the house at his request. He attempted to assume the loan (I signed over a quit claim deed) and he was unable to do so. It is now a year past the divorce agreement deadline and he has not removed my name from the mortgage. He states that short sale would leave a 35k deficit. What am I liable for in this case?
I suspect that sometimes spouses are so happy to be rid of each other during a divorce that they leave important details hanging. Not that this situation applies to your case — this is just a general warning to others contemplating a divorce to not let this happen to them.
You should get legal advice. It is entirely possible that you would be liable for a deficiency because your name is still on that loan. Didn’t your lawyer have a back-up plan for you in the event your ex was unable to assume the loan? Like, sell the house?
I’m sorry you are in short sale territory now. Please get legal advice, and make sure that if you participate in the short sale that you get a release of liability from the bank.
My wife and I divorced years ago, then decided to get back together. we never remarried, but kept both our names on the land title. Then, my wifehad an affair so we seperated again, but I built an appartment on the land and she stayed in house. I always paid the mortgage on the land and house.Then my ex-wife met a guy, abandoned the house, moved and has never payed the land or the house mortgage. I then paid land and house titles off in full. My son and his daughter are now staying in the house and my ex-wife keeps getting loans out and uses the house and land as collateral. My son has paid those loans off everytime. Now, once again, she has put the land up as collateral for a personal loan and refuses to pay it. We are all tired of this and want to know my legal rights.Can I remove her name? Can I take away her rights to the land completely?
Who handled your divorce? Ownership of the land should have been addressed in your divorce. Why don’t you look at your paperwork to see how the asset was handled?
If your ex-wife is unwilling to sign a deed transferring ownership to you, and the matter was left unsettled during your divorce, you might need to hire a lawyer and / or settle this in court.
Yea, that’s the confusing part. We were divorced when we decided to buy a house and the land. We put it in both our names, but we were not married just living together (trying to work things out).
It goes without saying that generally joint real estate purchases between unmarried people should provide a document for disposition at the time of acquisition. You can trust a friend or a soon-to-be or even a soon-to-be-again spouse, but it’s always better to get it in writing.
I have paperwork, but it states whoever pays the most overall gets the land. I have proof that I have paid pretty much all, but don’t know where to go from here. We were divorced, but still had paperwork drawn….thank goodness. BTW, thank you for answering my questions!
If I could prove that I paid the most and had all my paperwork, is there anything I could do then?
Probably not without your ex-wife’s consent, but I am not a lawyer. You need to ask a lawyer those questions. If your ex disagrees with your assessment, you may have to go to court to duke it out.
My husband just refinanced the home he purchased prior to our marriage 9 years ago; my name is now on the loan. I am not, however, listed as a joint owner. What is the easiest and/or least complicated way to add my name to the deed? We live in California.
Your name might already be on the deed. I don’t know of any lender that would let you sign loan docs without it, but you never know. You might look at your title policy to see if it insures both of you. If it doesn’t, you will need to hire a paralegal or a lawyer to prepare a deed as title companies, I am told, have quit doing accommodation escrows.
I live in Nevada and I have been married for a year and a half. We live in my husband’s house that he had previous to our marriage. I am not on the mortgage or the deed. Should he die do I have any claim to the house?
I do not know, Carol, because I am not a lawyer nor do I work in Nevada. You should ask a lawyer. If your husband leaves the home to you in a will, there might be tax consequences. Both of you should discuss this and seek appropriate counsel.
I sent money to Jamaica to buy property and build a house with my x -boyfriend, at the completion i separated from my boyfriend, now i asked him to put my name on the Deed and he refuses. is there a way i could force him to add my name to the Deed?
I have proof that i sent the money!
You are dealing in a foreign country, so you should hire a lawyer in that country. You will probably have a hard case to prove because money can be used for anything. If you have documentation that shows you are entitled to own part of the property, bring that to your lawyer.
My husband’s job is transferring us to Ohio. We have a bit of a rocky marriage, but I want to work it out. He doesn’t want me on the deed or mortgage of the house, but says I can continue to live there with our son if we divorce. I’m a stay-at-home mom (by my husband’s choice) and I have no income. Should I insist on being placed on the deed? Ohio is a “dower” state and not community property.
Let’s presume for a moment that you do not know your husband and you are not related. Some guy is telling you that you can stay in a house rent free for as long as you like. Some guy you don’t know. How do you feel about that? Well, that’s the situation you are in.
You need a lawyer.
Can title company add my wife to the mortgage after it was recorded. The note is only in my name.the mortgage was recorded in just my name April 20,2009. May 01,2009 they rerecorded by adding my wifes name. We filed for divorce a year later & due to financial hardship, I tried to have it modified. The approved it and declined me saying, my wife refused to sign. We didnt know they added her name. can they add her name without me knowing?
Your wife would have had to sign the mortgage to have her name on it. Perhaps they are denying you because you are still married? Or are you divorced?
This is my situation. A few years ago wife #1 and I bought a condo. I was the only one on the mortgage and the only one on the Grant deed, BUT we did sign an interspousal deed. We divorced and I kept the house.
I recently was remarried and would like to add wife #2 on the deed. The question I have is how do I get ex-wife #1 off the interspousal deed? Or better yet, does she have rights to the property still if I’m the only person on the deed and the only person on the mortgage?
Thank you very much!!
An inter spousal deed is probably a deed in which your wife quitclaimed any interest she may have in the property to you. If it was the other way around, you have a problem. If not, you do not.
Thank you Elizabeth!
I wanted to clarify though that we signed the interspousal deed when I signed the paperwork for the grant deed/at closing. Is there anything else I need to do?
Thank you again!
Well, hopefully the interspousal deed is recorded, so there is nothing else you need to do.
Father left my sister and me beach property when he passed away. Title is in both of our names. She wants to sell property and I do not. I cannot afford to buy her out right now. Can she sell without me agreeing to the sell?
Depends on how you hold title. Generally speaking, a second owner can sell that second owner’s interest in the property to a buyer. But on the practical side, who would want to buy 50% of a property?
Why don’t you offer your sister a mortgage in the $ amount of the market value of her interest, payable at a rate you can afford to pay? Please see a lawyer to make sure the documents are properly drawn and recorded.
My mother filed a life estate without filing my father’s death certificate. Can I quit claim my interest to my siblings without first filing my father’s death certificate?
I am at a loss as to what your mother’s life estate has to do with your father’s death certificate or what any of this has to do with you, but if you have an interest in a property that you wish to quitclaim, you should be able to do so, providing there is nothing in your state law preventing it. You should probably talk to a real estate lawyer.
Quick question. My mother owns her home outright, in FL, and the property is in her name only. She has now moved out of State and no longer wants the porperty. She has signed a quit claim deed for me to take over the proerty. Along with an additional agreement for a “lease to Own” option. Once the Quit Claim deed is filed will this add my name to the tiltle? Are they are any other issues that I need to be aware of?
The deed is in my name but the loan is on my wife’s name for the same property is that legal and what happens if she defaults on the loan???
my house is upside down in value (about $400k) my wife’s name is on the loan but my name is on the deed. we are in the process to modify, now do we qualify for any loss in value and modify at today’s fair market value???
The person whose name is on the loan is typically on the hook.
You should call the bank to determine if a loan modification is a possibility.
Me an my wife bought home in 2005 (State of GA). I have lost income (unemployed last summer) and home is upside down $150K value with BOA mortgage payments are in 4 months default. We are separated and about to file for divorce. I no longer want to be on this mortgage and she wants to keep the home. We agree to do a quitclaim deed, then she will do a assumption of responsibility. Do you think the bank will release of liability to me if we go pay layer fee for the quitclaim deed & assumption of responsibility. I am currently living out of state with a friend.
Any help will be appreciated.
I think you should call a lawyer because your home is in default. I do not believe the bank will release you from liability, although it might agree to a loan modification. However, you’ll still be on the hook, most likely.
Divorced 8 years in the judge granted me the deeded to my home, my ex husband is on the mortgage note and wants to pay the mortgage note, can my ex husband take my property away from me?
Thank you,
Houston Texas
You should talk to a lawyer. If your husband still on title? Did he ever comply with the divorce order and deed the home to you? Why would he make payments on a home he does not own? Generally, people can’t just start paying on something and then claim they own it, but Texas has some weird laws. You should get legal advice.
I have a condo with my and my wife’s name on the title/deed, but the mortgage is under my name. It was a primary home but we moved and have rented it out for 3 yrs. It is beyond upside down and I want to walk away/ forclose on it but we own another home with both names on the title and her name on the mortgage. 1. Can I remove her name from the condo’s deed/title and avoid any action against our current home? 2. What would be best way to do that? (we live in Chicago)
You should get legal advice in Chicago. A lawyer might advise you to remove your name from the home you presently own if she thinks that the bank will get a judgment on you for the first home. That’s probably more of a concern than your wife’s name on a home for which she’s not on the mortgage. But I can’t give you legal advice.
I am interested in buying land that is in the lots next to my home. It has a lot of trash on it and also looks really bad. I went through the city and they sent me to a lawyer that deals in our city with properties. Well when he was in the process of rsearching it he found that the previous owner which was a develpoment corporation was abolished in 1985. The taxes are not being paid unless the city has taken them over. He said that there is nothing he can do right now. I was wondering what my other options are. I also went to the county court house and they told me I have to go through the lawyer which will not call me back. Please help me, I have been trying to buy this land for about 2 years now and no one wants to help me.
You need to find the owner of the lot and make an offer. Find another lawyer to help you.
I have a problem concerning a property
My farther got the morgage to buy a house and paid off as perants could not get one now they have both past-away and the cousins have got there names on deeds to property my question is who owns the home as my farther is alive and well
Generally speaking, the person or persons who are the grantee(s) on a properly notarized deed are the property owner(s). You may want to talk to a local real estate lawyer for more advice.