Legal Question in Real Estate Law in Oklahoma
Can I change who is my deed to my property
In 1999 I bought and paid in cash for a house and lots. I decided to include my daughter as part owner of this. My deed reads my name and or my daughters name. My question is can I remove her from this? I would like to put it in my name alone and deed it to my grand daughter if and when I should pass. It has been a problem if I want to do a home equity loan or a home improvement loan. I did my deed this way to protect my property and her if something should happen to me. I have been told that the state would take it unless I had a will. If I can remove her from the deed the way it is written, where do I start, an will be an expensive deal. She is planning to marry a guy who is not money wise at all and I am afraid he will end of losing my place after I am gone. If she does marry him wouldn't her half then belong to him as well?
Thank you
1 Answer from Attorneys
Re: Can I change who is my deed to my property
Let me answer this way. If the Deed has not been filed in the county land records nor delivered to your daughter, you can change it. Otherwise you will need the cooperation of your daughter. She could Quitclaim her interest to you provided she does it before her marriage. Otherwise he would probably need to join her on the Quitclaim deed to you. At that time you could redeed it to yourself and provide that she would have a life estate with the remainder to go to your grandchild. However, if you have passed and she moves in with a husband and she dies, the husband would likely have the right to remain living there during his lifetime. And then it would go to your grandchild. Also, there is a possibility the "and or" language would give you other rights. However, I would not feel comfortable advising you on that without further research.
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