Legal Question in Real Estate Law in Missouri

Re: adding someone to deed

You didn't say why you needed to be added to the deed. Usually, it happens the other way around. Child wants to added to parent's deed so the house will pass by right of survivorship when parent dies.

What is your purpose? Wby is she "very willing?" What purpose of hers does it serve? Is she ding this to help you in some respect?

Saying you need a deed is like saying you need a prescription for some drug. Any doctor can write one but which is the right one to accomplish your purpose depends on what your purpose is. Please provide a little more information.

Re: adding someone to deed

In addition to Mr. Turza's advice, if your daughter has a mortgage on the property, be aware that this transfer might violate the due on sale clause. This means that once your daughter transfers any interest in the property, the entire balance of her mortgage would be due immediately. Talk to a real estate attorney about your entire situation before you do anything. Otherwise, you might make matters worse.

Re: adding someone to deed

In addition to what the other two attorneys have written, your daughter needs to consider how adding you to the house will affect her own estate plan in the event that she dies before you do, especially if she intends to leave her house to someone else when she dies (i.e. her husband or children or other relatives).

Re: adding someone to deed

Is the real estate in Missouri? If so, your daughter could sign a Quit Claim Deed to herself and you. You both would need to agree on how you are going to own the property, as tenants in common or as joint tenants. Also, she needs to be advised of the consequences of putting both of your names on the deed, and the alternative of using a Beneficiary Deed if she is only intending to provide for the transfer of ownership in the event she dies owning the property. If there is a mortgage secured by a Deed of Trust she should be careful not to unwittngly trigger any "due on sale or transfer" clause. Although this is a relatively simple matter, she should consult with an attorney.