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Unclear about my position on the title...

Posted on: 08th Jul, 2011 12:48 am
1. The deed of our home just states "Husband and wife" with nothing else before or after..."nothing else" meaning no "joint tenants", "common property" or any such legal wording, just "Husband and wife." What does that mean exactly??

2. My husband just passed away suddenly with no will & we are on the deed as just "husband and wife," do I need to removed his name, or can I just keep it?

3. I want to add my children to the title, but is there another way of doing it instead of filing a quit-claim deed or having a trust? Should I transfer ownership to them instead? I have no interest in the home cause eventually I want to leave it to them, so what do I need to do? The title companies are not helping me, I can't afford a lawyer.

Any help is greatly appreciated. Thank you in advance.
Hi Nadia,

To answer your first question, it will mean that both of you, i.e. husband and wife, will have equal rights to the property and both of you will be considered as owners of the property.

You will have to file an affidavit of heirship at the county recorder's office in order to transfer the property in your name and remove your husband's name.

Once the property is transferred in your name, you can sign a quitclaim deed and add your children to the property deed.

Thanks
Posted on: 08th Jul, 2011 01:23 am
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