Saturday, August 25, 2007

query: how can I take my husband's name off the deed

If your husband is deceased, there is no need to change the deed, however, if you'd like to change the deed, contact an attorney. Provide a death certificate as proof of death.

If your husband is alive, he can sign a deed conveying his interest to you alone. You'll still need the services of an attorney who will prepare the deed and review other concerns with you.

I would want to check whether you have an outstanding mortgage. The terms of most mortgages contain a "due on sale" clause. This language prohibits transferring an ownership interest without the permission of the mortgage lender.

I would also suggest discussing marital rights with your attorney. In Pennsylvania, spouses can make claims in divorce even if they are not vested on the deed. Your attorney may want to add language to the deed which eliminates the right moving forward. As an example, "John Smith now and forever releases any marital rights he may have in the herein described premises. "

Hire an experienced real estate attorney and let them take care of it for you. Don't forget to shop around just a little so you know the going rate for deed prep in your area. For instance, in our area, deed preparation over $150 would be considered excessive unless the circumstances involved lots of extra work.

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