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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Have a duplex house with two separate addresses wanting to

Customer Question

have a duplex house with two separate addresses wanting to know if we can separate the houses and get a deed for each side
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 6 months ago.
Hi, and welcome to JustAnswer, My name is ***** ***** I am an Attorney. I will be glad to Answer your question and the only thing I ask of you is that you leave a positive rating. This will not cost you anything additional, and it is the only way that JustAnswer will give me credit for assisting you. Q. Who are the owners of each side ?
Customer: replied 6 months ago.
my mom and my aunt are both on the deed
Expert:  Andrea, Esq. replied 6 months ago.
Hi, and welcome to JustAnswer, My name is ***** ***** I am an Attorney. I will be glad to Answer your question and the only thing I ask of you is that you leave a positive rating. This will not cost you anything additional, and it is the only way that JustAnswer will give me credit for assisting you. Q. Who are the owners of each side ?
Expert:  Andrea, Esq. replied 6 months ago.
Thank you for your reply, ANSWER - What you want to do is very possible. In order to separate the two properties, the owner of each property will sign a deed conveying their share to the other. For example, since both your mother and your aunt are on the deed to both properties, your mother will transfer her share to the side which your aunt wants to keep and your aunt will transfer her interest in the other side to your mother, so that the result of these conveyances is to have your mother hold title to one complete side and your aunt will hold title to the other complete side. If your municipality requires a 'metes and bounds' description of each property, then your mom and your aunt will have to engage the services of a surveyor who will survey the properties and furnish them with a legal metes and bounds description for each side. The metes and bounds description will then be used on each deed. The end result is that the properties will be legally separated and he metes and bounds description of each will be placed on the respective deeds. You can then have both deeds recorded and the division will be clean, neat, and a matter of public record. When you take the deeds to be recorded in the Recorder of Deeds Office for the County in which the properties are located, you should tell the clerk that this was an "interfamily transaction" and the consideration was $10 and for love and affection." In this way, you can legally avoid paying any transfer tax because this transfer was not a conveyance for valuable consideration for which one would normally have to pay a transfer tax. The only fee that will have to be paid is a recording fee which is nominal. Please be kind enough to leave a positive rating for my assistanc, You have already placed a deposit, so leaving a positive rating will not cost you anything additional, but without it JustAnswer will not give me credit for assisting you, Bonus is greatly appreciated, Kind regards, ANDREA

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