It depends on the state you live in, here in Florida it is automatic for a spouse to be added to any deeds at or prior to the closing. Florida is a community property state and the spouse MUST be on the deed, it is not required they be on the mortgage(NOTE)or loan. Now sometimes it does get missed by the title company, but with the amount of electronic information available to states, cities, counties etc... it will be realized at some point during the ownership of the parcel.
Of course. She should be fully informed of the consequences of signing the mortgage and not being on the deed. If the wife signs the purchase money mortgage then her name should also be on the deed. She should not sign to be responsible for a debt for property she doesn't own.Of course. She should be fully informed of the consequences of signing the mortgage and not being on the deed. If the wife signs the purchase money mortgage then her name should also be on the deed. She should not sign to be responsible for a debt for property she doesn't own.Of course. She should be fully informed of the consequences of signing the mortgage and not being on the deed. If the wife signs the purchase money mortgage then her name should also be on the deed. She should not sign to be responsible for a debt for property she doesn't own.Of course. She should be fully informed of the consequences of signing the mortgage and not being on the deed. If the wife signs the purchase money mortgage then her name should also be on the deed. She should not sign to be responsible for a debt for property she doesn't own.
Yes. They should both be listed as grantees on the deed and the deed should be a survivorship deed. You should consult with an attorney who can draft a proper deed for your jurisdiction.Yes. They should both be listed as grantees on the deed and the deed should be a survivorship deed. You should consult with an attorney who can draft a proper deed for your jurisdiction.Yes. They should both be listed as grantees on the deed and the deed should be a survivorship deed. You should consult with an attorney who can draft a proper deed for your jurisdiction.Yes. They should both be listed as grantees on the deed and the deed should be a survivorship deed. You should consult with an attorney who can draft a proper deed for your jurisdiction.
If a husband and wife buy a house together and the wife's name is not put on the deed until the second mortgage, yes, the deed is still shared after the second mortgage is paid off.
His estate will be responsible for the mortgage. Assuming the wife is not on the deed, if the mortgage isn't paid the bank will foreclose and take possession of the property covered by the mortgage. If the wife is on the deed and she consented to the mortgage the bank can foreclose. If she is on the deed and did not consent to the mortgage then the bank had a defective title and may not be able to foreclose.
At the time of closeing.
Of course. She should be fully informed of the consequences of signing the mortgage and not being on the deed. If the wife signs the purchase money mortgage then her name should also be on the deed. She should not sign to be responsible for a debt for property she doesn't own.Of course. She should be fully informed of the consequences of signing the mortgage and not being on the deed. If the wife signs the purchase money mortgage then her name should also be on the deed. She should not sign to be responsible for a debt for property she doesn't own.Of course. She should be fully informed of the consequences of signing the mortgage and not being on the deed. If the wife signs the purchase money mortgage then her name should also be on the deed. She should not sign to be responsible for a debt for property she doesn't own.Of course. She should be fully informed of the consequences of signing the mortgage and not being on the deed. If the wife signs the purchase money mortgage then her name should also be on the deed. She should not sign to be responsible for a debt for property she doesn't own.
Yes. They should both be listed as grantees on the deed and the deed should be a survivorship deed. You should consult with an attorney who can draft a proper deed for your jurisdiction.Yes. They should both be listed as grantees on the deed and the deed should be a survivorship deed. You should consult with an attorney who can draft a proper deed for your jurisdiction.Yes. They should both be listed as grantees on the deed and the deed should be a survivorship deed. You should consult with an attorney who can draft a proper deed for your jurisdiction.Yes. They should both be listed as grantees on the deed and the deed should be a survivorship deed. You should consult with an attorney who can draft a proper deed for your jurisdiction.
No. If the husband is a grantee on their deed then he must sign the deed in lieu of foreclosure. If only the wife signed then the lender would acquire only the wife's interest in the property.No. If the husband is a grantee on their deed then he must sign the deed in lieu of foreclosure. If only the wife signed then the lender would acquire only the wife's interest in the property.No. If the husband is a grantee on their deed then he must sign the deed in lieu of foreclosure. If only the wife signed then the lender would acquire only the wife's interest in the property.No. If the husband is a grantee on their deed then he must sign the deed in lieu of foreclosure. If only the wife signed then the lender would acquire only the wife's interest in the property.
Generally, all you need to do is record a copy of your first wife's death certificate in the land records to clear the title. Then you can execute a new deed to transfer title to you and your new wife. You should consult with an attorney to have the new deed drawn correctly. Some jurisdictions require that a straw deed be used to create a new survivorship tenancy.
Yes, of course.Yes, of course.Yes, of course.Yes, of course.
A deed should not recite et ux in the granting clause. Both the wife and husband should be recited in the granting clause as grantees. You should not need to record a new deed. If the property was owned by a survivorship deed it is likely you will only need to recorded a death certificate and a statement stating no estate taxes are due. An attorney could advise you.A deed should not recite et ux in the granting clause. Both the wife and husband should be recited in the granting clause as grantees. You should not need to record a new deed. If the property was owned by a survivorship deed it is likely you will only need to recorded a death certificate and a statement stating no estate taxes are due. An attorney could advise you.A deed should not recite et ux in the granting clause. Both the wife and husband should be recited in the granting clause as grantees. You should not need to record a new deed. If the property was owned by a survivorship deed it is likely you will only need to recorded a death certificate and a statement stating no estate taxes are due. An attorney could advise you.A deed should not recite et ux in the granting clause. Both the wife and husband should be recited in the granting clause as grantees. You should not need to record a new deed. If the property was owned by a survivorship deed it is likely you will only need to recorded a death certificate and a statement stating no estate taxes are due. An attorney could advise you.
Absolutely yes. If the wife agrees to be responsible for paying the note then she should also be included as a tenant by the entirety or joint tenant with the right of survivorship on the deed. She should not sign the note until she has been so added to the deed.
no
That would depend on the wording of the deed. If a deed has as remaindermen the "heirs of his body" or "his issue" then the answer is no. IF the deed states to his "heirs at law" then the answer is yes. You should seek the help of an attorney who will review the language used in the deed.
you can use quit claim deed
If you and your wife owned the property by a survivorship deed you are now the sole owner and you can execute a deed that transfers the property to your son. You should always consult with an attorney who specializes in real estate when deed changes are contemplated. The attorney can review your situation, explain your options and inform you of all the consequences of making such a transfer. You should also discuss the reservation of a life estate. Remember that once you make the transfer the property will be vulnerable to your son's creditors, if any.
If a husband and wife buy a house together and the wife's name is not put on the deed until the second mortgage, yes, the deed is still shared after the second mortgage is paid off.