Filing Quit-Claim Deed after death

desertbreeezes11 · Joined: 19 Nov 2008 Posts: 2 2.41 Dollars($)

hi! If my boyfriend gives his son a quit-claim deed to file after my boyfriend dies so that the home my boyfriend owns that we live in will be transferred to me, will that be sufficient for me to legally have ownership? I am not now named on the deed or mortgage. What if the son doesn't file the quit-claim deed? There is no mention of me in my boyfriend's will, nor is there mention of the property in question. It seems to me that my boyfriend has made me dependent upon the future whim of his son.

jameshogg · Posted: Thu Nov 20, 2008 12:02 am Post subject:

Hi desertbreeezes,

Welcome to the forums.

Just by giving a quitclaim deed to the son, your boyfriend cannot transfer you his property. When someone intends to transfer a share of interest in property or the entire property, he should be signing on the deed and not some other person. This is because he's the grantor here. The best thing that your boyfriend can do is to sign on a transfer on death deed or beneficiary deed and have both your name as well as the son's on it. By doing so, the son and you will be getting ownership rights after he passes away.

Thanks

desertbreeezes11 · Joined: 19 Nov 2008 Posts: 2 2.41 Dollars($)

hey thanks; my duh, i'm still not sure about this. My boyfriend's intent is to pass ownership to me, not his son. My boyfriend says he'll sign a quit-claim deed giving the home to me, and give the quit-claim deed to his son for safe-keeping, for his son to file when my boyfriend dies, so that i'll have the deed/ownership. He thinks this will be legally tight so that I'll safely own the home (If it's not paid off, does the quit-claim to me gives me authority to re-finance the mortgage so it's in my name and I can continue payments?) Does it matter whether the son or I or my boyfriend file the already signed quit-claim deed? I greatly appreciate what he's trying to do but, I'm not sure it's an ironclad way for my boyfriend to ensure my actually owning the property. Has he said he'll give the signed quit-claim to his son to hold 'till his death, because if he gives it to me, I could file it and it would then be in effect and he doesn't want that 'risk'? In addition, he has an ex-wife who in their QDRO/divorce document is named 'surviving spouse'. Would an ex as 'surviving spouse' be able to lay a claim on the home my boyfriend wants to give to me for my old age security?

sara

Hi desertbreeezes,

Welcome back.

Generally when a person signs on a deed, it should be recorded/filed within a specific time period (which varies from state to state) in order to make it valid. It's not that you sign on the deed now and then file it when your boyfriend dies. That's not done. The deed would by that time be ineffective. I hope you understand.

It doesn't matter who files the deed, but it should be recorded at the right time. In most cases, the deed is filed by the grantor.

jheard · Posted: Thu Nov 20, 2008 7:54 am Post subject:

Yes, it does depend on the son to deliver the deed to you and make the transfer effective. If he keeps the deed, you will not get the property. The better way is for your boyfriend not to execute a deed, but a Will which "bequeaths" you the property.

Guest

I am a resident of NJ and I was told at the time of my husband's death that if was not necessary for me to file a Quit Claim Deed transfering our property to me alone. I now would like to do it. Is there a special quit Claim Deed that I should use.

smithsussane · Posted: Sun Jun 28, 2009 11:24 pm Post subject:

Hi Frances!

Welcome to forums!

As your husband is deceased, you cannot use a quitclaim deed to transfer the property from his name to your name. You will have to file an affidavit of heirship and transfer the property in your name.

Feel free to ask if you have further queries.

Sussane

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