Yes she can keep her exemption on taxes as her name is still on the deed. When the property comes entirely in your name the tax will be calculated on the total value of the house as then you are going to be the sole deed holder.
Consult a tax advisor to get proper calculation on the change.
Posted: Tue Jul 04, 2006 8:41 pm Post subject: lein on a deed w/ two names
Hi!
My friend and I have a property with both our names on the deed. If a lein is placed on the property from a bill she owed and she passes away will the lein still be owed after her passing?
Posted: Tue Jul 04, 2006 8:47 pm Post subject: RE: Lien on the property
Hi guest,
Welcome to the forums.
Since your friend owes the bill, so it is her responsibility to pay it off and remove the lien. But if she passes away, you will have to repay as both of your names are on the deed. Otherwise, you may lose the property on account of the lien.
When a property is Quit Claimed over to a spouse thru a divorcee decree and the Quit Claim is not recorded for months when is the property out of the persons name when it is recorded or when the divorce degree is signed?
There is no compulsory legal requirement to get a deed recorded in order to be valid.
A deed is also legitimate even when it is not recorded. A quit claim deed becomes valid after the required persons sign it.
Recording of the deed is required for public reference like when the person applies for a mortgage loan or wants to refinance or sell the property then the lender or the buyer might like to see the title record of the property.
A divorce attorney can guide you well in this matter and can assure that divorce decree holds the required statements to transfer the property in the name of one spouse.
It is true that a divorce decree holds the statement as to whom the property is to be awarded. But the spouse who gets the property as a result of it must be particular in getting the quit claim deed signed by his/her ex.
I have found a lot of cases where the spouse, who was awarded the house, had faced problems while selling it in the absence of a quit claim deed.
Although depending upon the laws in the state the spouse may still be able to get a court order through a family court which can be filed in lieu of a quit claim deed, but why to bring that unnecessary trouble!
It's better if things are sorted out earlier. It is always advisable to be in touch with the divorce attorney and take his suggestions regarding the transfer after divorce.
Recording of the deed is for public reference as said Samantha and is not a compulsory requirement.
Posted: Wed Jul 05, 2006 1:43 pm Post subject: How do we do this????
My father is exceutor and power of attorney for his brother's estate and lives in his house. His brother is in the nursing home. My mother and father are divorced but still live together in the familly home. My father now has cancer and is afraid when he dies medicaid will put a lean on the house(because of the brother in the nursing home's bills) and my mother will not have a house to live in. Can the house be quick deeded over to me? I am not sure of who is holding the title. If possibily the courts have to approve this how could we try to save this house for my mother to live there? please help
If your father has got a special power of attorney to sell the house then he can sign a quit claim deed to your mother. A lawyer's assistance is required in this regard.
Posted: Wed Jul 05, 2006 8:52 pm Post subject: Quit Claim Deeds or Add Name to Title
My mom wants to give her house to me. The mortgage is paid off and the title is clear with only her name on it. I don't have much money and want to avoid taxes. If a quit claim deed is used what money must be paid if I sell the house. Secondly, I have also heard about adding my name to the title where this allows me to keep the house until she passes or we can sell it together. How does title changes work with adding a name and selling the property?
Posted: Wed Jul 05, 2006 9:08 pm Post subject: RE:
Hi Laura,
If you are interested to add your name to the title, it is better to sign a title deed instead of the quit claim deed. This is because, with a quit claim deed, the transfer of ownership is not guaranteed; all you get is a share of the grantor's interest in the property. And, you should sell it only after you have added your name through the title deed.
You can keep the property with you when your mother passes away provided your name is on the title and there's no will left by her which states that the property will be inherited by a third person.
As far as selling the property is concerned, you can do it together provided both of your names are on the title.
Posted: Thu Jul 06, 2006 7:03 am Post subject: 2nd question to previously posted question
My mother is on disabilty and cannot own property or she will lose it. Could my father do a quick deed? How much generally would a lawyer charge for this to take place?
jameshogg
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