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RobertJDFL, Lawyer
Category: Real Estate Law
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Experience:  Experienced in multiple areas of the law.
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The home me and my sister and brother own,I would like to

Customer Question

The home me and my sister and brother own,I would like to put my share in my son's name,is that possible.
Submitted: 12 days ago.
Category: Real Estate Law
Expert:  RobertJDFL replied 12 days ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 12 days ago.

Thank you for your patience. Yes, you can do this. You and your siblings own this home as tenants in common. A tenant in common owns a partial interest in real property. His/Her interest is an undivided share. His/Her co-owners are the other tenants in common. Each tenant in common has the right to transfer their undivided interest to another party without the consent of the other owners. The easiest way to do this would be to use a "quit claim" deed to transfer your interest.

A quit claim deed is a legal means of transferring an interest in land. The person signing the deed, called the grantor, makes no warranty or guarantee about the property. The only statement from the grantor is a release of his interest, if any, in the land. Anyone can execute a quit claim deed without incurring legal liability. It works well in situations like this where one person is getting property from a specific person like a parent or a spouse -there's no doubt that you have an interest.

The transfer of title from one tenant in common to a new owner has no effect on the other tenants in common. The new owner, or grantee under the quit claim deed, takes the place of the grantor. The grantee inherits the same property rights as the grantor. Any liens, encumbrances or title problems transfer to the grantee. The tenancy in common remains intact.

In other words, it has no effect on your siblings, you simply are giving up any claim you have to your share, and giving it to your son.

While you may be able to find a quit claim deed online or an office supply store, my suggestion is to ensure everything is done properly, you have a real estate attorney prepare and file the deed for you.

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