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lhansen74 · Jun 29, 2008, 08:47 PM

I actually have a 2 part question. My husband was married previously and widowed. His deceased wife is still on the deed to our house. I need to have her removed, I have the death certificate, and have my name added. I am on the mortgage to the house but would like the deed to be in my name as well. Any information on the process and forms I would need, and where to get them would be greatly appreciated. I would like to do this myself as opposed to hiring an attorney and don't know where to start. So first I need to know how to have someone removed, and second how to add my name on the deed.

George_1950 · Jun 29, 2008, 09:00 PM

Welcome to AMHD. You said the deceased wife's named is on the deed. You need to have an attorney review the type of ownership to determine whether the property is owned jointly with right of survivorship. A decision must be made whether the deceased wife had an estate that should be administered.

lhansen74 · Jun 29, 2008, 09:06 PM

I don't know if it matters but she was not on the original deed. Her name was added 30 years ago as my husband own this house before he married her. She past away 20 years ago and we have been married for 15 years now, I don't believe her estate would come into question at this point as Im sure if she had one it was settled long ago. Im trying to avoid the cost of attorneys as were on a fixed income.

George_1950 · Jun 29, 2008, 09:11 PM

Whether the title is held with right of survivorship is important to get an answer to your question. Check this: Joint Tenancy legal definition of Joint Tenancy. Joint Tenancy synonyms by the Free Online Law Dictionary.

lhansen74 · Jun 30, 2008, 12:49 AM

Do I really need an attorney to answer that question. Can't I call the mortgage company or title company or something to find out myself? I mean if a lawyer can request that information there has to be some way either me or my husband can obtain it ourselves. Just point me in the right direction.

lhansen74 · Jun 30, 2008, 12:55 AM

How many names can be on a deed? Is it possible to just add my name now and deal with taking my husbands ex wife off later? Or not at all for that matter. The house would automatically revert to me in the event of his death anyway, right?

lhansen74 · Jun 30, 2008, 12:55 AM

How many names can be on a deed? Is it possible to just add my name now and deal with taking my husbands ex wife off later? Or not at all for that matter. The house would automatically revert to me in the event of his death anyway, right?

LisaB4657 · Jun 30, 2008, 05:30 AM

Why are you so against using an attorney? It shouldn't be expensive and you'll know that it was done right. If you don't use an attorney and then make a mistake it can be very expensive to fix.

If you insist on doing this yourself then you will first have to determine how the property was previously held (tenants in common vs. joint tenants with right of survivorship). If it was held as tenants in common then you will have to get a deed signed by all of his late wife's heirs. If it was held as joint tenants then your husband will have to sign a deed from himself as executor of her estate, to himself and to you.

If you still think that you don't need an attorney for this, at least use a title company.

George_1950 · Jun 30, 2008, 05:47 AM

Originally Posted by lhansen74

Do I really need an attorney to answer that question. Can't I call the mortgage company or title company or something to find out myself?? I mean if a lawyer can request that information there has to be some way either me or my husband can obtain it ourselves. Just point me in the right direction.

You can determine how the title is held (tenancy in common or joint tenancy) by reading the deed, if you know what the words mean. You've heard of legalese? :)

George_1950 · Jun 30, 2008, 05:53 AM

Originally Posted by lhansen74

How many names can be on a deed? Is it possible to just add my name now and deal with taking my husbands ex wife off later? Or not at all for that matter. The house would automatically revert to me in the event of his death anyways, right?

Names are not added or taken away from deeds. There is formality to the process to stop fraud and abuse; the practice involved in transferring ownership has been in play for centuries. Perhaps this will help: Property Deeds - Warranty, Grant, Quitclaim - Property Deeds to Transfer Title

George_1950 · Jun 30, 2008, 05:55 AM

Originally Posted by LisaB4657

Why are you so against using an attorney? It shouldn't be expensive and you'll know that it was done right. If you don't use an attorney and then make a mistake it can be very expensive to fix.

If you insist on doing this yourself then you will first have to determine how the property was previously held (tenants in common vs. joint tenants with right of survivorship). If it was held as tenants in common then you will have to get a deed signed by all of his late wife's heirs. If it was held as joint tenants then your husband will have to sign a deed from himself as executor of her estate, to himself and to you.

If you still think that you don't need an attorney for this, at least use a title company.

Couldn't rate you Lisa, but this is a good answer. Also, it is her husband who is the future 'grantor'.

JudyKayTee · Jun 30, 2008, 06:20 AM

Originally Posted by lhansen74

I actually have a 2 part question. My husband was married previously and widowed. His deceased wife is still on the deed to our house. I need to have her removed, I have the death certificate, and have my name added. I am on the mortgage to the house but would like the deed to be in my name as well. Any information on the process and forms I would need, and where to get them would be greatly appreciated. I would like to do this myself as opposed to hiring an attorney and dont know where to start. So first I need to know how to have someone removed, and second how to add my name on the deed.

Well, to cut right to the heart of the matter you have no legal standing in this matter - only your husband can arrange to remove his late wife's name and add your name to the Deed. You can't do it yourself.

ScottGem · Jun 30, 2008, 06:35 AM

I'm going to sum up here.

1) The property has be deeded from the current owners to the new owners. You can get a quit claim deed from a stationary store to do this, then file it with the county clerk.

2) For a quit claim deed to be legal all the LISTED owners need to sign it conveying title from themselves to the new owners.

3) If the deceased wife's name is still on the deed, then the legal representative of her estate needs to sign the quit claim deed.

Had your husband properly taken care of the deed when his previous wife died, you wouldn't be in this predicament. But you are. If you want the ownership of the property to not be clouded, which will cause a problem when the property needs to be sold, then you need a real estate attorney to resolve the situation and properly prepare the new deed.