Legal Question in Real Estate Law in Utah

add to title

how do you add someone back on to the title of your home with

full rights of survivorship after one had quitclaimed it to the other.

kind of like cancelling out the quitclaim.

there is no mortgage


Asked on 9/13/05, 2:19 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: add to title

You can have all the current title holders quitclaim the property to all of those you want to have on the title, together with rights of survivorship. A new quit claim deed.

Note: If you are thinking of doing this as a do-it-yourself estate plan, I strongly recommend against it. The best way to transfer title to real estate is to title the property in the name of a trust and through the trust bequeath the property to your heirs. You may call for a free consultation. 801-876-4422

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Answered on 9/13/05, 3:23 pm

Re: add to title

Hello,

I'll use an example to show how to do it.

John & Mary Smith own a home together. Later John quitclaims his interest to Mary, but now they want to both be back on the title as joint tenants with survivorship rights.

Mary would quitclaim, using a Quitclaim deed, like this: "Mary Smith hereby Quitclaims to John Smith and Mary Smith as Joint Tenants with Full Rights of Survivorship, and not as tenants in common...."

If you have any trouble filling out a Quitclaim deed I would be glad to help.

The other attorney who responded has a valid point about how you and your wife hold title to the property. What is the reason you want to be together on the title? Joint tenancy is the most common way hold title to their home but that doesn't mean that it's the best was and may not be the best vehicle for you. Please consider your overall goals and check with an attorney to determine the best vehicle for their accomplishment.

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Answered on 9/13/05, 4:31 pm


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