How a Deed is changed in regards to the owners who are listed on it depends upon the language contained within the Deed itself. Of relevance is whether or not the Deed contains language that describes a Joint Tenancy with Right of Survivorship. [ Read More… → ]

Generally, some consideration — a dollar amount or something of value provided in exchange for the transfer of a property — is required to complete the Quitclaim Deed form prior to submission. [ Read More… → ]

Yes, a person can sell the real estate property he or she owns to anyone (or any entity) that can make the purchase. But there is a practical consideration that must be examined to be able to complete the transaction. [ Read More… → ]

The decision as to which type of Deed a person should use to transfer property to another depends upon the type of guarantee the person making the transfer wishes to provide. [ Read More… → ]

A person can sell or transfer his or her interest in real property, even if it is owned jointly with another.  (However, finding a buyer who will purchase a fractional ownership interest in real estate could be a challenge.)

See the following information if you need legal forms software documents to offer the property “FSBO” (for sale by owner) or if you need to create a Quitclaim Deed to transfer the title to the new owner after a sale.

A probate court proceeding may be required to transfer the property, as your parents did not execute a change to the deed when they were alive. [ Read More… → ]

No. Certainly two corporations can jointly own a piece of real estate, and a Quitclaim Deed can be created to reflect joint tenancy once a real estate purchase agreement is formalized.

But most states reserve ’survivorship rights’ for individuals, especially since corporate entities cannot die.

The document structure would be incorrect to have just a single name on a deed with survivorship rights, as a Survivorship Deed must name the person to whom the right of survivorship would pass. [ Read More… → ]

If there is no survivorship language detailed in a deed and one of the owning parties in the Deed dies, then the surviving parties may need to open an estate case with the appropriate probate court to permit that court to issue an order transferring the property (since the deceased is no longer able to sign the deed transferring the land). [ Read More… → ]

Sometimes a person can gain full ownership rights to a home from a Separation Agreement or a Divorce proceeding. But what if the Deed to that home still shows both names of the divorced couple on it, and the newly single owner wishes to sell it? [ Read More… → ]

Once one of the listed owners on an existing Deed dies, the ability to transfer ownership of the property by creating and executing a new Quitclaim Deed depends upon the format of the existing Deed. [ Read More… → ]

Sometimes the parties to a Deed cannot meet together on the same day to sign the document; often a Deed is hand-delivered by a third party or mailed between parties.

In such an instance, the date listed within the Deed should reflect the date of the second person making the signing. [ Read More… → ]

Most real estate purchases made with a mortgage in place use a Warranty Deed as a way to protect the interests of both the note holder and property owner. But once a mortgage is paid off and the house is owned free and clear by the property owner, other types of deeds can be used, if the property owner so chooses. [ Read More… → ]

Merely owning real estate or property does not automatically cause one to be obligated under the mortgage that encumbers said property. To be liable under the note and mortgage, one must sign the note and grant the mortgage in the property. [ Read More… → ]

On occasion in a pro se Divorce or Separation, one spouse will quitclaim their house to the other spouse as part of the agreement. But many times in this situation, the couple does not adjust the mortgage contract for the property, as doing so can sometimes invalidate the mortgage and/or require a balloon payment on the balance. [ Read More… → ]

No, a previously filed deed cannot be amended. A new deed will need to be prepared and filed in order to add an additional party as an owner of real property. [ Read More… → ]

Any of Standard Legal’s Quitclaim Deeds will accomplish the transfer of real estate property from a Trust to an individual. [ Read More… → ]

If you wish to create one large lot by combining a number of adjacent lots owned, you must have the areas re-platted by a surveyor and then approved by the municipality in which the property is located. [ Read More… → ]

A quitclaim deed is the appropriate instrument to transfer property, but since the owner of the property (your parents) are deceased, the owner cannot sign the deed transferring title — a requirement of a Quitclaim Deed.

You and your brothers and sisters most likely need to open a probate estate with the county court where the home is located, so that the appropriate probate court can authorize the transfer of the property as you desire.

This situation is a perfect illustration for the benefits of creating a Last Will and Testament, as the process to transfer the property to one sibling would typically be far quicker and easier if a Will were in place in advance…

A “deed in lieu of foreclosure” is not a customized or language-specific legal document; it is the phrase given to the process of transferring title to a mortgage holder (by deed) in lieu of the mortgage holder going through with a foreclosure lawsuit.   [ Read More… → ]