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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3914
Experience:  30 years of experience
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Can real estate owned jointly by a married couple be placed

Customer Question

Can real estate owned jointly by a married couple be placed in their individual names when they are living separately but are not legally separated?
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Yes. There are several diffent ways to accomplish this. It depends on what your end goal is. If you want the property in one name only then one party would quit claim their interests to the other. If you want the property to be held in joint names but not "by the entireties, that can be done by redoing the deed. Of course this may not be advisable because property held by the entireties has certain advantages vis-a-bis creditors. Also the lender (if any) may have issues with any change in title. But that does not mean it can not be done.

It is difficult to provide the various methods without knowing the goal. But property can almost always be retitiled. I'm glad you have contacted your attorney. They will be the best source of information for you. Discuss with your attorney your goals, this way they can discuss various options with you.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.