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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33791
Experience:  15 years real estate, Realtor. Landlord 26 years
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One of my friends owned a commercial building with s wife. s

Customer Question

One of my friends owned a commercial building with his wife. His wife passed away 10 years ago. My friend and his wife are owners under the deed. He did not went through a probation process.
My friend wants to sell the property and transfer it to under his name. How can he transfer the property under his name... Thank you.
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Barrister replied 12 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me how they took title on the deed?

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Was it as "joint tenants" or as "tenants in common", or as "tenants by the entirety"?

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Did they purchase the building while they were married?

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thanks

Barrister

Customer: replied 12 months ago.

They were married when the property was purchased. The property was owned as Joint Tenants. Thank you.

Expert:  Barrister replied 12 months ago.

Ok, then when the spouse passed, the surviving spouse would have instantly become the sole owner of the property. When property is jointly owned, then when one owner passes, their interest extinguishes leaving the survivor the sole owner.

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So friend wouldn't need to do anything further regarding the sale of the property other than record a copy of his wife's death certificate in the local land records office. But he can do that at the same time as he is executing a deed to sell the property to an new buyer. The death certificate just needs to be recorded first to evidence the fact that he is the sole legal owner of the property due to wife's passing.

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Whoever prepares the deed will reference this fact in the chain of title in the deed.

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thanks

Barrister

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