My father passed aways we were both living in the same house. Both our names are jointed on the deed to the house... the house is paid off where do I go to get the name under my name or do I have to do anything at all.

my father passed aways we were both living in the same house. both our names are jointed on the deed to the house...the house is paid off where do I go to get the name under my name or do I have to do anything at all.

First, you will need to answer a couple of questions:


What state or country are you in?

What exactly does the deed say? It probably says something like "____, Grantor, conveys (etc., other words are probably here, but they don't matter really) to [your name] and [your father's name] ... ". But what does it say next? "... as tenants in common", "as joint tenants", or "as joint tenants with the right of survivorship". Please tell us exactly how this part of the deed is worded.

Albuquerque, nm... warranty deed joint tenant of jose sr whose address is and me jose jr... as joint tenants the following described real estae in sandoval county New Mexico

"47-1-16. [Instrument of conveyance; prima facie evidence of joint tenancy.]

An instrument conveying or transferring title to real or personal property to two or more persons as joint tenants, to two or more persons and to the survivors of them and the heirs and assigns of the survivor, or to two or more persons with right of survivorship, shall be prima facie evidence that such property is held in a joint tenancy and shall be conclusive as to purchasers or encumbrancers for value. In any litigation involving the issue of such tenancy a preponderance of the evidence shall be sufficient to establish the same."NM Stat 47-1-16 :: Section 47-1-16: Instrument of conveyance; prima facie evidence of joint tenancy. :: 2011 New Mexico Statutes :: US Codes and Statutes :: US Law :: Justia (http://law.justia.com/codes/new-mexico/2011/chapter47/article1/section47-1-16/)

The above language suggests that, in New Mexico, joint tenancy means exactly the same as joint tenancy with the right of survivorship.

It's not that way in all states.




"47-1-35. [Conveyance or mortgage to joint tenants.]

In a conveyance or mortgage of real estate, the designation of two or more grantees "as joint tenants" shall be construed to mean that the conveyance is to the grantees as joint tenants, and not as tenants in common, and to the survivor of them and the heirs and assigns of the survivor." NM Stat 47-1-35 :: Section 47-1-35: Conveyance or mortgage to joint tenants. :: 2011 New Mexico Statutes :: US Codes and Statutes :: US Law :: Justia (http://law.justia.com/codes/new-mexico/2011/chapter47/article1/section47-1-35/)

So you're in luck. It appears that, in New Mexico, this language is effective to create a joint tenantcy with right of survivorship. You don't have to do anything. When you sell or mortgage the property, the title company might ask for a copy of your father's death certificate.