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Guest

My husband and I own a house that his mother gave us. She had a life estate interest. She has died. How do we remove her name from the deed.

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi Cindy,

Welcome to the forum.

When your mother has died, you now need to remove her name from the deed. You can do this by using an affidavit of heirship. Filing the heirship will remove her name from the deed and will also add your name to the title solely.

Guest

Since I divorced my ex-husband 1/27/06, I let him have the mobile home and land. He has 3 years, as of the date of divorce to refinance or sell the property. He has not attempted to do this and now I found out that he has not paid taxes on the land or the mobile home for 2005, 2006, and probably for 2007. Now, the way I see it, I would be held partially responsible for 2005, since we were married, but what about 2006 & 2007? My name is still on the land and the home. The bank won't take my name off even though I am "legally" divorced and the judge, lawfully, signed the divorce papers where I gave everything to my ex. Am I still responsible?

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi Janet,

Have you talked to the bank why will they not take your name off the property when you have already given the property to your ex-husband? You must know the reason.

Now as he has not paid the property taxes, you may be held responsible to pay it off for the year 2005. But I don't think you will have to pay the property taxes for 2006 and 2007 as well because you had already transferred the property by that time.

Guest

Three years ago My mother in law moved in with us due to her inability to live alone any longer. We purchased a house to fit our family plus her prior to selling our existing home or hers. It was purchased in her name with my husband as the power of attorney to sign all paperwork for her.

The title, deed,and mortgage or in her name only. A DP of $100,000 from her savings was used and then when her house sold it went back into her savings. When our house sold we used it to do needed upgrades, repairs etc. and payoff bills.

Problem is it was never fixed to be in our names and a few months ago she fell and has been under hopice care in our home. She was expected to pass away within a few weeks but when she stabalized we moved her back home. Her savings has been used to help pay for additional care when I need to be out of the house. She is totally bed ridden and has brian hemriging.
She signed the last power of attoney after coming back home during a period of time when she was very with it could answer questions with a sentence of a few words and though not very stably signed her name withe the notary and witness.

We have a power of attorney for the original purchase and for medical and legal/financial things. If the house is put into the trust it will then be split among 5 step children and my husband and his brother Her intent was for us to have the house because we were taking care of her and because we really bought it together. Is a quitclaim deed putting it into our names the easiest way to switch this over? Can it be quit claimed in to joint tenants with right of survivorship leaving her on it? Can it be done with my husband and the power of attorney signing it?

She is declining now and we need to get this taken care of quickly. Do we have to go through the mortgage co. to put that in our name too or does that debt just go to us when she passes?
Thanks
Shelly

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi Shelly,

Your husband can sign on the quitclaim deed using a power of attorney on behalf of your mother-in-law but for that he should take permission from her. Without her consent, he shouldn't do it as there might be legal ramifications associated with this issue.

Guest

do i still have interest in this home. i read a previous statement which said i would be automatically added to this home when we got married.

jenkin7 · Posted: Thu Oct 11, 2007 4:53 am Post subject:

Hello Bryant,

I didn't get your question. Could you explain that clearly?

Guest

HI,

I'm a co-owner of a house with my brother and sister in law. They both are having problems and they will probably get a divorce. She has not been paying her part of the mortgage that we have agreed on. She just took off for the past month coming and going when she wants. She doesn't seem to care what happens to the house saying it's my family's. If that is the case, how do I get her sign over the claim to me? Do I use a quick claim deed or something else? Would I need a lawyer for this?

adonis · Posted: Sun Oct 21, 2007 9:03 am Post subject:

Sha, I've replied your query at http://www.mortgagefit.com/quitclaimdeed/transfer-tocoowners.html . Just have a look.

Guest

My fiance purchased a house, she recently moved to another state, the house is still there, comes to find out her ex-boyfriend is on the deed to the house, she wants to sell the house, and get him out her life forever, the mortgage is in her name, but his name is on the deed, can she quit claim the house and get his name off the house?

jenkin7 · Posted: Tue Oct 23, 2007 2:42 am Post subject:

Hello,

Her ex-boyfriend has to sign the quit claim deed and take his name out of the title.

She should talk to the mortgage lender and take his consent before selling the house.

tozanfire · Joined: 25 Oct 2007 Posts: 1 1.33 Dollars($)

My spouse passed away over two years ago. The estate went through probate and I am listed as the executor of the will leaving the home to me.
Both of our names are on the Deed.
Can I Quit Claim the Deed into my name only?
Do I list the name of the deseased (or the Deseased estate) as the Grantor along with my name?

jenkin7 · Posted: Fri Oct 26, 2007 5:30 am Post subject:

Hello Tozanfire,

You cannot quit claim to remove the name of the deceased from the title. You need to have the grantor's signature on the quit deed but it is not available in this case as the grantor is deceased.

If you have rights of survivorship mentioned in the deed then, the property will automatically get transferred to you.

If not, if you record the death certificate of the deceased person at the county office, they will remove the name from the deed.

Guest

My ex and I own interest in a timeshare in the state of Florida. We both live in Az. I am trying to releave him from his owneship staus. He has agreed. Which states form should we use for it to be legal?

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Can quit claim remove name from title?