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Lost Pop
Guest
0.10 Dollars($)
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 Posted: Mon May 07, 2007 12:36 pm Post subject: deceased spouse |
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| My wife and I owned our house as Joint Tenants. She recently passed away, and now I want to sell our house. What, if anything, do I need to do to be able to sell the house with clear title? Quit Claim Deed? |
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 miller_st
Joined: 17 Jan 2007
Posts: 917
168.82 Dollars($)
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| Posted: Mon May 07, 2007 12:45 pm Post subject: |
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Hi,
Sorry to hear about your wife's death.
As you held title with your wife as joint tenants, after her death you automatically get to own her share. You can now proceed with taking steps to sell the house.
Miller |
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colin
Moderator
Joined: 30 Jun 2006
Posts: 602
Location: Waltham, Massachusetts
112.61 Dollars($)
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| Posted: Mon May 07, 2007 12:52 pm Post subject: |
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| Quote: | | My wife and I owned our house as Joint Tenants. She recently passed away, and now I want to sell our house. What, if anything, do I need to do to be able to sell the house with clear title? Quit Claim Deed? |
Hi Lost Pop,
As Miller said, you now own the house after your wife's death because you held title with her as joint tenants. Read more about your rights as being one of the joint tenants from this page - http://www.mortgagefit.com/joint-tenancy.html
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helping_user
Joined: 31 Mar 2006
Posts: 693
Location: Hawaii
129.57 Dollars($)
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| Posted: Mon May 07, 2007 10:42 pm Post subject: RE:deceased spouse-what to do to sell joint tenancy property |
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Welcome Pop.
The form of ownership between a husband and wife can be joint tenancy simply or tenancy by the entireties as is the rule in most states. In joint tenancy form of ownership, a spouse can get ownership rights when the other spouse passes away due to the right of survivorship. Tenancy by entireties also has the right of survivorship feature but both spouses should agree to lifetime conveyances.
However, in order to remove your wife's name from the property-title, most states require you to record an affidavit of survivorship and a certified copy of your wife's death.
Thanks. |
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lrb
Guest
0.10 Dollars($)
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| Posted: Thu Jul 17, 2008 11:01 am Post subject: split up forcing sale of home |
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| My boyfriend and I own a home together. If we split up and mutually agree for one party to buy out the other, what type of financial qualifications must the buying party undergo |
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larry
Joined: 27 Jun 2007
Posts: 3245
460.30 Dollars($)
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| Posted: Fri Jul 18, 2008 1:54 am Post subject: |
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Hi lrb.
Welcome to the forum.
Whoever is willing to buy out he/she needs to refinance the mortgage and the other one need to quitclaim the property. For quitclaiming the property he/she can claim the share of the property that he owns. BTW you should get approval from the lender to quitclaim the property.
Feel free to ask if you have any further questions.
Best of luck.
Larry |
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