No Will, quit claim deed?

shane25 · Joined: 20 Aug 2008 Posts: 1 1.59 Dollars($)

My partner and I owned a house as tenants in common he recently passed. Can I record a quit claim deed to transfer the property into my name alone? I need to refinance to be able to keep the house. I recorded his death certificate and am being told by the title company that the property now shows my name and the estate of my partner. He did not leave a will.

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

Hi shane.

Welcome to the forum.

As you are tenants in common you need not to use a quitclaim deed to transfer the property to your name only. You may need to file an Affidavit of Heirship to transfer the property on your name only. BTW have you informed the lender that your partner has passed away?

Best of luck,
Larry

jheard · Posted: Thu Aug 21, 2008 7:21 am Post subject:

Your partner's TIC interest passes to his heirs. Without a will, it passes "intestate" with state rules controlling what heirs receive.

Since your partner is dead, he/she cannot sign a quitclaim deed. The only way to transfer the property is with a court order. If there is an estate, you should go to probate court. If not, you may be able to file an "affidavit of heirship" in court as mentioned above. Contact a local real estate attorney.

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