Legal Question in Real Estate Law in Illinois

change of property tenancy

How do I take my recently deceased husband off as joint tenant on our home and put my daughter on as a joint tenant?


Asked on 3/26/09, 2:47 pm

4 Answers from Attorneys

Re: change of property tenancy

Hire an attorney to draft a quitclaim deed.

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Answered on 3/26/09, 2:52 pm
Thomas Moens Moens Law Offices, Chartered

Re: change of property tenancy

An attorney can assist you with document preparation. Keep in mind that if you currently have a mortgage on the property, you probably will not be able to do this because of the due on sale clause contained in most mortgages.

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Answered on 3/26/09, 2:54 pm
John Lee John D. Lee and Associates, LLC

Re: change of property tenancy

Use a quit claim deed, most likely. Do you need an attorney to help you? If so, please contact me. This answer does not constitute legal advice because you are not as yet my client.

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Answered on 3/26/09, 3:47 pm
David Shestokas Shestokas, & Associates

Re: change of property tenancy

It can be done by way of a quit claim deed conveying the property from you to yourself and your daughter as joint tenants. This part of the process is relatively simple if you own the property without any liens. If you have a mortgage it would be wise to consult with your lender to determine if there would be any consequences regarding acceleration of the mortgage.

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Answered on 3/26/09, 3:48 pm


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