Legal Question in Real Estate Law in Ohio
Type of Deed to Add Spouse's Name to Title
What type of deed do I use to add my spouse's name to our property? How should it read (ie joint tenants, tenants in common or ?)? The property was purchased through my mother's estate.
2 Answers from Attorneys
Re: Type of Deed to Add Spouse's Name to Title
Quit-Claim Deed. If there is a mortgage on the property, be sure there is not a due on sale clause in the mortgage note. If there is and you quit-claim the property into you and your wife's name, the creditor could demand that the entire note be paid in full because their interest is jeopardized.
Re: Type of Deed to Add Spouse's Name to Title
Normally, one does a joint and survivor deed between spouses. However, it would be a good idea to contact counsel to make sure this is the right type of deed.
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