Legal Question in Real Estate Law in Virginia

Does proof of ownership have to be recorded

My brother & I own property as tenants in common. To avoid a law suit and to become sole owner of the property, I have agreed to buy him out. The home is paid for, so I will obtain an equity loan to pay him off. I have 5/6 interest. He has 1/6. His share was acquired after the death of our mom. Doesn't he have to file an affidavit of ownership at the county recorders office in order to legally establish ownership? I already have recorded deeds for my 4/6 and will soon be filing an affidavit of ownersip for my 1/6 interest, left to me as a result of our mom's death. I would also like to know what type of deed would be best in order for my brother to transfer his share over to me.

Thank you for your help!


Asked on 5/13/04, 5:43 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Does proof of ownership have to be recorded

Proof of ownership does have to be recorded, and doing it wrong can work havoc on future attempts to ensure that title is clear. There should have been an executor's deed or an Affidvait of Heirs filed in the appropriate land records to document the conveyance of the real estate to you and your brother. If that was not done, it should be. Then your brother should execute a deed to you of his one-sixth. Ideally, it would be a general warranty deed, but a special warranty deed or even a quitclaim deed would suffice, but in any case, before paying money, you should have the title searched to make sure you are getting clear title (the bank will insist on a search and title insurance anyway). Do not try to do this yourself. Your bank will require that you use a competent settlement lawyer or title company for the loan closing, so the lawyer should be able to prepare the documents.

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Answered on 5/13/04, 6:11 pm


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