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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My father donated 3+ acres land to his 3 children prior to

Customer Question

My father donated 3+ acres land to his 3 children prior to his death designating it as heir property and saying our spouses had no claim to it. I have had it surveyed and divided equally, How can I designate 1 owner per piece and then if I build a house on mine how can I protect my spouse should something happen to me?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 11 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

In order to divide the land into 3 separate plots, you will need to partition the land and break it up into 3 separate parcels (if it is all one parcel). If you don't do that, then all 3 of you would be equal owners of all 3 acres.

In what way do you want to protect your spouse?

Customer: replied 11 months ago.
As I said I have had it surveyed and divided equally, how do I designate 1 person per piece? Then should I build s house on my piece, how do I protect my spouse should I die?
Customer: replied 11 months ago.
This is same thing I just said are you a live person or did I just get screwed $36?
Expert:  MIAMILAW1127 replied 11 months ago.

I am a live person. Please bear with me.

Expert:  MIAMILAW1127 replied 11 months ago.

There is a difference between having the property surveyed or actually divided up and parceled. Did you get separate folio numbers/legal descriptions for each property?

Customer: replied 11 months ago.
I want my spouse to keep the land and house
Expert:  MIAMILAW1127 replied 11 months ago.

Then what you would need to do is devise a will leaving the property to her upon your death.

Customer: replied 11 months ago.
HELLO, anybody there!? Getting ready to call pp and cancel payment! Please respond!
Customer: replied 11 months ago.
Ok, even though the property was designated as heir, and stated in the document that my husband has no claim to the land , I can still do what I want with the property including leaving it to him?
Customer: replied 11 months ago.
In the survey it indicates three parcels A,b,c. How do I officially indicate who owns which parcel.?
Expert:  MIAMILAW1127 replied 11 months ago.

Once the land is yours, you are free to do what you want with it.

You would need to give title to each parcel to each person you want to own it via a deed. In other words, Person A owns Parcel A, Person B owns Parcel B, etc. Transferring of title to land is done by a deed.