Log in

View Full Version : Remove husband from deed


theresa44
Aug 28, 2008, 06:15 PM
Hi my name is theresa I want to know if I want to see some land in SC I want to know if I have to take my husbands name off the deed in order to sell it he is decease.

Will I need a lawyer to sell this land I have a buyer.

ScottGem
Aug 28, 2008, 06:41 PM
First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

If he is deceased, the executor of his estate has to transfer the property to your name. Unless you were listed as joint tenants with right of survivorship. In that case, you can just take a copy of the death certificate to the county clerk to reregsiter the deed.

Its always best to have a lawyer represent you in such transactions.

theresa44
Aug 28, 2008, 06:42 PM
So you say I have to remove my husband, now I need to know do I have to have a lawyer. I have a buyer for the land he says I need a lawyer and if I do can someone suggest one in my area which is Hampton Va.

ScottGem
Aug 29, 2008, 05:29 AM
How was the property listed? Was it solely in your husband's name or as joint tenants? Like I said, its always advisable to have legal representation in a property sale.

You may not need to transfer the property to your name. Your husband's estate can sell the property directly. But if it was not probated, all the more reason to get a lawyer to handle things.

rockinmommy
Aug 29, 2008, 07:00 AM
I would recommend contacting a local title company. Tell them what you want to do, the basic situation, and ask them how much they would charge to handle the sale. They will tell you if there are issues with your husband being on the deed that they can't handle, and can probably recommend an attorney.