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Can a married couple quit clam property to one another being both the grantee and grantor?
Wiki User
∙ 9y ago
Yes, they can use a quit claim deed. It often happens when they want to change the type of ownership.
Wiki User
∙ 9y ago
No, a married couple cannot quitclaim property to one another, as they both have an existing legal interest in the property as spouses. However, they can transfer their interest in the property to a third party through a quitclaim deed. Alternatively, they may consider other types of property transfers, such as a warranty deed or a marital property agreement. Consulting with a lawyer is advisable for guidance in specific cases.
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Can a married grantee be listed as single on quit claim deed?
It would not be correct to do so. The spouse of the grantee normally has rights to the property regardless of whether they are named or not.
You got married and added your husband's name to your deed. Why doesn't the deed show the signature of acceptance?
Check with the title company to see how they recorded the new one.Make sure that the husband has also been added to the mortgage, if there is one. He should share the responsibility.Answer/ClarificationGenerally, there is no requirement for the grantee to sign acceptance on a deed. The operative signature on a deed is that of the grantor. The only time a grantee needs to sign is when there is some agreement in the deed that binds the grantee such as the grantee agreeing to abide by a restrictive provision in the deed.
Three people own property by a survivorship deed- a married couple and an inlaw. Upon the death of the husband can the inlaw give their interest in the property as a gift to another party?
Yes. When the husband died his interest in the property automatically went to the two survivors and they each own a half interest. If one wants to transfer their interest by deed they may do so and executing the deed will break the survivorship. Their grantee will own the property as a tenant in common with the original co-owner.Yes. When the husband died his interest in the property automatically went to the two survivors and they each own a half interest. If one wants to transfer their interest by deed they may do so and executing the deed will break the survivorship. Their grantee will own the property as a tenant in common with the original co-owner.Yes. When the husband died his interest in the property automatically went to the two survivors and they each own a half interest. If one wants to transfer their interest by deed they may do so and executing the deed will break the survivorship. Their grantee will own the property as a tenant in common with the original co-owner.Yes. When the husband died his interest in the property automatically went to the two survivors and they each own a half interest. If one wants to transfer their interest by deed they may do so and executing the deed will break the survivorship. Their grantee will own the property as a tenant in common with the original co-owner.
Your husband owned a house in North Carolina before you were married But after you married he refinaced it the deed is in your name but the loan is not Do you have a legal right to the house?
If your husband refinanced his home and then conveyed it to you then you are the owner of the property subject to the mortgage. If the mortgage isn't paid the bank can take possession of the property. If your name is on the deed as the grantee then you have a right to the use and possession of the property until you convey your interest to someone else by a quitclaim deed. If your name is on the deed WITH your husband then you own a half interest and have the right to the use and possession of the whole property.
Can you quick claim property from your name to another person even though you are married?
You can quit claim your rights to the property. However, that doesn't quit claim your spouse's rights to the proprty. Once married the spouse in most states has rights to the property.
What rights do one have to property if you are not married?
If you are not on the deed you have no rights in the property. If you are not legally married and the owner dies you have no legal rights in the property.
Can one sell the whole of the property on a 50-50 share without the other consent?
No. The first rule of conveyancing is that a grantor can only sell what they own. When there are multiple owners of property any one owner can only sell their proportionate interest in the property. Therefore, if there are two people who own a single property, one can only sell their one-half interest. It may be difficult to find a buyer if the property is a single family dwelling. The one half interest may be conveyed if the property is held as tenants in common or as joint tenants. The situation becomes more complicated if the property is owned in a tenancy by the entirety, a special tenancy reserved for married people. In a T/E the "survivorship rights" of the other cannot be severed. In some states one tenant by the entirety cannot sell their interest in the property. In some states they can transfer their interest but the grantee acquires a tenuous title that depends on the life of the grantor. For example, Norah and Ethan owned property as T/E in Massachusetts. Ethan decided to leave (there was no divorce) and transferred his interest in the property by deed to his brother Liam. In some states that deed would be void. In this case the title would play out as follows. If Norah died then Liam would become the sole owner of the property. If Ethan died then Norah would become the sole owner because her survivorship rights with Ethan could not be severed. Liam would be out of luck.
My partner and I own property together. We have children and she is unstable. How do I remove her name from the deed?
You can't "remove" the other owner's name from a deed. They own a half interest in the property if they are a grantee on a deed with you. That person would need to execute a deed that transfers their interest to you voluntarily. You need to make them an offer to buy their interest in the property. When two people purchase real property together they each have an equal right to the use and possession of the property. Since you are not married the property cannot be redistributed by a divorce decree. If you have further questions regarding the situation you should consult with an attorney.
What happens to our marital home in the event of my husbands death if he owned property before we were married?
This will depend on whether your husband added you to the title or left the house to you in his will. Because he owned the property before you were married, he could leave it to another person in his will if he never added you to the title.
How long does a couple need to be married for property to be considered community property?
You do not necessarily have to be married to own jointly owned property and even when an individual is married for 60 years he could still keep property separate from his spouse. Property is considered jointly owned if you purchased it together (each contributing), your name is on the property, or in some situations when you are married and you have substantially contributed to the property. If your spouse has kept the property separate by keeping it in his name, only putting his money into it then it will be considered separate.
What is the opposite of community property state?
Property own prior married
Why could English women colonist not do you after they got married?
English women colonists could NOT own property after they are married. -APEX.
