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DECEASED HUSBAND

MY HUSBAND RECENTLY DIED AND THE DEED TO OUR HOUSE IS IN BOTH OUR NAMES. WOULD I USE A QUITCLAIM TO REMOVE HIS NAME FROM THE DEED. ALSO, WE HAVE A SMALL PRIVATE MORTGAGE IN BOTH OUR NAMES. WOULD THIS AFFECT IT? THANK YOU, ROSANNE

larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Rossane,

Welcome to the forum.

You cannot use a quitclaim deed to remove the name of your dead husband from the property as this will require his signature on the deed. Rather you can use an affidavit of heirship as this will help to remove your husband's name from title to the property. After signing the deed, you will gain sole ownership to the title.

As far as the loan is concerned, you can [url=http://www.mortgagefit.com/refinance.html]refinance[/url] by taking a new loan in your name and repay the earlier one. It will not affect the title to the property.

Like | Dislike | Share | Posted: Fri, 01/29/2016 - 22:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Rossane,

The loan against the property will not affect the title transfer. The affidavit of heirship will not be affected by it.

Like | Dislike | Share | Posted: Fri, 01/29/2016 - 22:44 | Post subject:

carnahandavid's picture
carnahandavid | Joined: December 21, 2006 04:07 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Rosanne,

Sorry to hear about death of your husband.

As the mortgage was in both names after your husband's death, the mortgage company can ask for it to be paid off or refinanced in your name. You should contact them to know if you would be allowed to continue the payments or not.

And like others said, a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] cannot be used as grantor's signatures are required on the deed for property transfer.

Like | Dislike | Share | Posted: Fri, 01/29/2016 - 22:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Can you do an affidavit of heirship even if you are on the title but not the loan?

Like | Dislike | Share | Posted: Fri, 01/29/2016 - 22:44 | Post subject:

miller_st's picture
miller_st | Joined: January 17, 2007 04:47 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Affidavit of heirship is not related to the loan Pat.

This affidavit is used for distribution of property a person has after his death.

Miller

Like | Dislike | Share | Posted: Fri, 01/29/2016 - 22:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my husband died a year ago and I'm selling my house in both our name.how can I change into single ownership to title company.

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