Deeds and Ownership

You need to get a real estate attorney to fill out paperwork and file them.

If you prefer to "do it yourself", I would recommend 2 steps:

1) Discuss your specific scenario with a knowledgeable local real estate professional. They can point out any considerations within your specific situation.

2) You would file a QUIT CLAIM deed at your county office and add the spouse's name to the deed. You should contact your mortgage company to see if this has any adverse effects.

No, if they are not included in the last will and testament of the deceased they have no legal right to any property as they are not considered in the "blood line" of the deceased. They are entitled to property that the biological mother held in her name only unless the property was acquired during marriage and the couple resided in a community property state. Also, they may be entitled to personal items such as clothing, pictures, family heirlooms or jewelry and so forth, but that is determined by state probate laws. Unfortunately, such situations sometimes become a matter of litigation with a judge deciding what (if any) property the surviving spouse is legally required to release to surviving family members. It doesn't sound like heirship is at issue. Given that the mother is the decedent, I assume the question concerns the mother's Will. If the mother left a Will leaving everything to her husband, or to whomever other than the stepchildren, then the stepchildren take nothing.

You can visit the tax assessor's office and search the records by address or visit the land records office in that jurisdiction.

You can visit the tax assessor's office and search the records by address or visit the land records office in that jurisdiction.

You can visit the tax assessor's office and search the records by address or visit the land records office in that jurisdiction.

You can visit the tax assessor's office and search the records by address or visit the land records office in that jurisdiction.

The remainderman can sell their interest as a remainderman in the property subject to the life estate. The life tenant has the right to the use and possession of the property for life.

No. The grantor has the benefit of choosing what warranties they will provide at the time of the sale or the warranties are negotiated by the parties at that time. Once the grantor has executed and delivered the warranty deed to the grantee they cannot take it back to revoke the warranty covenants. The grantee on the deed is the new owner and the grantee cannot make changes to their deed. If there was an error made you need to consult with an attorney as to how it can be corrected.

No. The grantor has the benefit of choosing what warranties they will provide at the time of the sale or the warranties are negotiated by the parties at that time. Once the grantor has executed and delivered the warranty deed to the grantee they cannot take it back to revoke the warranty covenants. The grantee on the deed is the new owner and the grantee cannot make changes to their deed. If there was an error made you need to consult with an attorney as to how it can be corrected.

No. The grantor has the benefit of choosing what warranties they will provide at the time of the sale or the warranties are negotiated by the parties at that time. Once the grantor has executed and delivered the warranty deed to the grantee they cannot take it back to revoke the warranty covenants. The grantee on the deed is the new owner and the grantee cannot make changes to their deed. If there was an error made you need to consult with an attorney as to how it can be corrected.

No. The grantor has the benefit of choosing what warranties they will provide at the time of the sale or the warranties are negotiated by the parties at that time. Once the grantor has executed and delivered the warranty deed to the grantee they cannot take it back to revoke the warranty covenants. The grantee on the deed is the new owner and the grantee cannot make changes to their deed. If there was an error made you need to consult with an attorney as to how it can be corrected.

No. Not unless the right to revoke was reserved in the original grant. A life estate expires when the life tenant dies, by a court order or by their release in writing.

Deeds and land records are recorded at the town or county land records office where the land is located. Some offices provide an online access to land records. Some provide this service free of charge; others may charge a fee. If there is no online searching available, you can contact the register of deeds office.

Of course, many land records are not available online and many search sites are difficult to use for some people who rarely do land research. You can also visit the land records office in your jurisdiction and the staff will show you how to locate your deed.

In Scotland you can search the Land Registry for Scotland on and offline, this is the same for England and Wales

If the spouse is awarded the property in the Divorce Decree and it is referenced by the proper legal description, that should suffice and any title company would insure the property as belonging to the awarded party. In the State of Texas, a Quit Claim Deed is NOT a method of conveyance of real property, it is however a method for one to "quit their claim" on property and is used widely for that purpose. Some attorneys will make a Deed part of the divorce proceedings to be sure the document is executed and can be recorded, some attorneys just don't do this extra step. It would be best to have a Warranty Deed signed instead as that is the proper method of conveyance and will cover most any question that may arise on a Title Search. In the case of one party must pay the other party half or part of the value of the property to be sole owner, and Owelty Deed would be signed. It is a common mis-conception that a Quit Claim Deed (often called a Quick Claim Deed) is quicker and cheaper when in fact they cost the same to prepare, and usually the same to record as recording charges are calculated by the number of pages of the document. I didn't not "sign in" to answer this question, but my email address is debisuzi6658@yahoo.com.

That would totally depend on what state the property is located in and what type of lien it is.

florida

placed in May of 2005, the lien which I just got a copy of from our mortgage lender, says it is for expensed an x girlfriend claims to have paid for. I paid all expensed & gave her 6 months to move out, she moved out the last day & I gave her $4000.00 to start over. I never received any notification of this lien for 12,649.00. I need to dispute this so I can continue my remodification process or lose the $1800 already paid for the remodification.

Real property is transferred by a deed and each jurisdiction has its own requirements for a valid deed. Therefore, deeds should always be drafted by a professional. Errors made by non-professionals can be costly to correct and they are usually not discovered for many years- until the next transfer of the property. Once the deed has been properly executed and delivered to the grantee it should be recorded immediately in the land records.

Title to real estate can also be transferred by a Will. In that case, the estate must be probated in order for legal title to pass to the beneficiary.

A warranty deed is a type of deed where the grantor guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to the grantee, in contrast to a quitclaim deed, where the seller does not guarantee that he or she holds title to a piece of real estate.

A motion for a continuance means the same thing in a divorce case as any other civil case. The Movant is requesting the judge push off a hearing or the trial itself. If there is no objection by the other side, a continuance hearing isn't necessary however if the other side objects, the judge in the case will hear from both sides and decide if a continuance is warranted.

A life tenant is responsible for keeping the property is as good a condition as when they take possession. This means keeping up the insurance, maintenance, and property taxes. You cannot do anything that would hurt the value of the property to the remaindermen. These are the parties that will receive fee simple absolute at the end of the life tenant. In other words, if you find gold on the property, it belongs to them.

A certificate of occupancy is a document which is issued by a local government which declares it suitable for occupancy. Being suitable for occupancy is decided by inspecting the building to make sure that it meets requirements for local codes.

Customs and legal provisions vary from state to state so you would need to check your local practices. Generally, an executor can only execute a deed if that power was granted in the will or if there was a license to sell real estate granted by the court. If the power to sell real estate was granted in the will, the executor may execute a deed to the devisees in order to extinguish the power to sell and to establish the tenancy desired by the grantees. If the power to sell was not granted in the will, if the will has been allowed and the period for creditors to make claims has passed then the devisees do not need a deed to prove their ownership. If the devisees desire to establish their ownership by deed and also establish a particular tenancy they can execute a deed to a straw and then have the straw convey the property back with the desired tenancy recited. In some states a straw is not necessary. You should seek advice from the attorney who handled the estate. She/he will be able to advise you regarding the local legal requirments.

The logo of the Philippine Land Registration Authority is a gold disk showing a set of balances, a scroll (indicating a deed), and a quill pen, encircled in blue.

You could go to the county clerk office and do some research there, or another is to call a title company and have them do a title and lien search on the property.

As well, it will be important that you understand what kind of lien -- if any -- that exists on the title. There may be revealing details in that information.

Generally, no. However, you need to consult with an attorney in your area because state laws vary on this topic. There are many factors to consider. If you live in one of the nine community property states you may have an interest in the property IF your husband purchased it after the marriage. Some other states consider it marital property IF the couple gets divorced. If there is no divorce and no community property issue, in some states, such as Massachusetts, your husband is the sole owner of the property. You would acquire an interest only if he died.

Generally, a deed is not a guarantee of clear title. For recorded land, a title examination must be performed to ascertain if the title is clear. In registered land systems, a deed followed by a certificate of title should provide the grantee with a clear title to the property. In registered land systems any encumbrances should be listed on the certificate of title.