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You would have a Grant Deed prepared that reads something like:
"John Smith and Jane Smith, husband and wife as joint tenants"
(transfer ownership to)
"John Smith, a married (or single) man"
These can be self-prepared using forms available online, or you can have a title company or legal service prepare it for you and insure the correctness of the transfer. The document is then recorded with the county clerk after it has been signed by both parties and notarized.
Be aware that this action may violate the terms of any mortgage on the home unless written permission for the transfer is obtained from the lender in advance.
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How do you take your ex spouse off title insurance?
An Owner's Policy only covers the actual owner of the property. When the property is awarded to a party in divorce proceedings, that person remains "in title" (still on the deed) and the original Owner's Policy is still in effect covering that person since they were on the original deed as well when the property was obtained.The non-titled (person who was not awarded a continuing interest in the property by the divorce decree) automatically falls off the title policy since their interest is transferred off by the divorce proceedings and they no longer own the property.If you are looking to take the ex-spouse off an existing deed as the result of divorce proceedings, contact your real estate attorney and s/he can prepare the proper deed vesting the interest solely into the awarded spouse with the proper legal language referencing the divorce decree.
Can you take out a home equity loan on a house if you are not on the first mortgage but are on the deed with your parents?
Yes but your parents being on the deed will have to also sign.
How long does it take to get the deed to a house once you pay it off?
a year
Can you take money from your spouse's account?
Only if your name is on the account.
Can the mortgage company take your house without the deed?
By definition a mortgage is secured on the deeds of the house. They will have the deed (or officially have their name legally registered for the property) if they have given you a mortgage.
How do you remove dead spouse from property deed in Mo?
Generally all you need to do is record a death certificate in the land records. You cannot take a person name off a deed.
How can you remove your spouse from a home title in a divorce?
After a persons death, the deed and a copy of the death certificate can be used to change the title if it was titled as "or". If the deed is titled as "and" it may be necessary to execute the will beofre changing the deed.
If a spouse dies leaving everything to his children what are the rights of the surviving spouse in S C?
In South Carolina the surviving spouse can file an election to take a share of the husband's estate. The state will grant her a statutory share.
What happens if your spouse dies you're not on the mortgage but have the deed in your name?
Generally that means the mortgage was given to the bank before your name went on the deed. In that case you need to pay the mortgage or the bank will take the property by foreclosure.
You divorced- signed a quit deed and still remained on the mortgage. What happens when the ex-spouse dies?
In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.
How does an ex's tax lien affect you if you want to refinance a home where the deed has both your names?
The lien will have to be satisfied if he's to remain on the deed. The easiest course of action is to take him off -- the title company can handle this, it's not an overly-complicated procedure.
Can i take over the car title of my deceased father?
Most states have a procedure for a spouse or child to change the title of a deceased spouse or parent's motor vehicle to the survivor. This does not change the loan, however, if there is one on the vehicle. You may have to refinance.
How do you remove a dead spouse's name from a house deed in the state of New jersey?
If the property is owned by two as husband and wife (tenants by the entirety), there is no need to change the deed to reflect the fact that only the survivor owns the property. Common practice in NJ is to do nothing in the way of changing the deed. However; if for some reason the surviving spouse still wants the decedent's name off the deed, he/she would sign a new deed by herself as the sole surviving owner conveying the property to herself as sole owner. At that point only the survivor's name is on the deed. Names are never "taken off deeds" to reflect that a former joint owner is no longer an owner. A new deed is created to do this.
How do you take your ex spouse off title insurance?
An Owner's Policy only covers the actual owner of the property. When the property is awarded to a party in divorce proceedings, that person remains "in title" (still on the deed) and the original Owner's Policy is still in effect covering that person since they were on the original deed as well when the property was obtained.The non-titled (person who was not awarded a continuing interest in the property by the divorce decree) automatically falls off the title policy since their interest is transferred off by the divorce proceedings and they no longer own the property.If you are looking to take the ex-spouse off an existing deed as the result of divorce proceedings, contact your real estate attorney and s/he can prepare the proper deed vesting the interest solely into the awarded spouse with the proper legal language referencing the divorce decree.
Do you need your spouse's signature on divorce papers after ten years of separation?
No. The spouse must be given notice and if they choose to ignore it then the court or your attorney can advise you. A person does not require the signature of the spouse to grant a divorce. Notice can be published in the newspaper.However, if a spouse refuses to sign, the case becomes a contested divorce and it may take longer. The judge will hear any reason the other spouse has for refusing to sign and then the judge will render a decision. A refusal to sign cannot create a situation in which one spouse is allowed to imprison the other in an unsuccessful marriage.No. The spouse must be given notice and if they choose to ignore it then the court or your attorney can advise you. A person does not require the signature of the spouse to grant a divorce. Notice can be published in the newspaper.However, if a spouse refuses to sign, the case becomes a contested divorce and it may take longer. The judge will hear any reason the other spouse has for refusing to sign and then the judge will render a decision. A refusal to sign cannot create a situation in which one spouse is allowed to imprison the other in an unsuccessful marriage.No. The spouse must be given notice and if they choose to ignore it then the court or your attorney can advise you. A person does not require the signature of the spouse to grant a divorce. Notice can be published in the newspaper.However, if a spouse refuses to sign, the case becomes a contested divorce and it may take longer. The judge will hear any reason the other spouse has for refusing to sign and then the judge will render a decision. A refusal to sign cannot create a situation in which one spouse is allowed to imprison the other in an unsuccessful marriage.No. The spouse must be given notice and if they choose to ignore it then the court or your attorney can advise you. A person does not require the signature of the spouse to grant a divorce. Notice can be published in the newspaper.However, if a spouse refuses to sign, the case becomes a contested divorce and it may take longer. The judge will hear any reason the other spouse has for refusing to sign and then the judge will render a decision. A refusal to sign cannot create a situation in which one spouse is allowed to imprison the other in an unsuccessful marriage.
What is the priority between a deed of gift and a devise in a will?
If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.If the owner conveyed the property by a deed while living the property is gone from their estate at the time of their death and cannot pass by their will. The deed would take precedence.
If you are not the beneficiary of your husbands estate will you lose everything?
Not necessarily. You should consult with an attorney. In most states in the United States a spouse cannot be disinherited. The various state laws provide a spouse with the right to take a statutory portion of the estate by "election". That portion is often the same portion the spouse would receive under the laws of intestacy. "Election" is a simple procedure that usually requires only that the spouse file a claim with the court.
