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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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How do my husband and I take his widows name off both of the

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How do my husband and I take his widows name off both of the deeds on our homes and put my name on the deeds. Its been over 7 years since she has passed.
Welcome! Thank you for your question.

Do these homes have mortgages on them?
Customer: replied 3 years ago.

Yes. The one we live in does. The rental we rent out is paid off.


 

The death certificate of his deceased wife is all that was needed to transfer ownership from the two of them to him when she died. For the home that is paid off all that is needed is a quitclaim deed from him to the two of you.

The one you live in is a bit more complex. The home with a mortgage will require the mortgage to be refinanced into you and your husband's name at the time of quitclaiming the property. If a quitclaim deed is prepared without refinancing then the mortgage company can require that the loan be paid in full immediately at the time of the changing of the names on the property. This is called a due on sale clause.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John

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