In most states and when the family structure is relatively straight-forward, the handling of family property after the death of just one spouse is fairly consistent.
Quitclaim and Warranty Deed Questions
Answers to Frequently Asked Quitclaim, Warranty and Survivorship Deed Questions
Can I Transfer My Half Interest in a Home to My Girlfriend?
A co-owner to a real property can transfer his or her interest in that property to a third party using a Quitclaim Deed. But be advised that such a step does not remove the original owner from all responsibility.
Can I Quitclaim My Half Interest in a Land Contract to My Buyer Partner?
In most cases concerning Land Contracts, title to real property does not pass to the purchaser until all or a certain percentage of the land contract installment payments are made.
Until such time, the purchaser (or a partner-purchaser) does not hold any title or ownership in the property.
As such, if the purchaser does not hold ownership, he/she has no ownership interest in the property that can be transferred by way of a Quitclaim Deed. In essence, a drafted Quitclaim Deed would be meaningless because a person cannot “transfer ownership” of something he or she does not own.
Can a Four Year Old Deed That Was Never Filed Still Be Used to Transfer Ownership in a Property?
Under certain conditions, a Deed that was signed by the parties to transfer property several years in the past can still be valid.
Can a Wife Quitclaim Property from the Married Couples’ Names Back to Her Maiden Name to Protect the Asset?
A currently-married woman cannot transfer property to her maiden name (which is no longer being used) simply to avoid losing the property to a judgment in a current or potentially upcoming litigation.
What is Deed in Lieu of Foreclosure?
Generally, the phrase ‘deed in lieu of foreclosure’ explains the process more so than any actual deed itself.
How Do I Revise a Deed from Joint Tenants to Tenants by Entirety?
Standard Legal’s Survivorship Deed (using either the Quitclaim or Warranty versions) must be modified slightly to reflect the change from Joint Tenants to Tenants by Entirety.
How Can I Complete Transfer if Property Was Granted to Me in Divorce But My Spouse Won’t Sign the Quitclaim Deed?
If a party is refusing to execute a Deed to transfer property pursuant to a court order to do so, then the party to whom the property is to be transferred has the right or option to seek the court’s assistance in compelling such transfer.
Would the Purchase of a Mobile Home Be Covered Under UCC?
While this matter can vary by state, generally ownership in a mobile home is evidenced by a title (much like a vehicle).
If My Parents Quitclaim Their House to Me, Am I Responsible for the Mortgage Payments?
Payments against a mortgage need to be made by someone, be it parents or child, if either party wants to keep the Deed to the house.