ANSWERS: 4
  • A lot depends on which state you live in but in many states all you need to do is file a quit claim. You probably won't need a lawyer but if you have a relationship with a Realtor, they can help walk you through it.
  • Some states allow it, some don't. Delaware (where I live) requires a lawyer for all real estate transactions. Many other states don't. You'll need to check on your local laws or specify where you live.
  • No, I don't think so! The name on the deeds have to be changed and, I think, that can only be done by a lawyer. Also it safeguards against potential problems arising in case someone would contest the new ownership of the property. There are other questions such as, is there a loan or a mortgage etc etc that need to be clarified. For you to be in a position to take the right decision, it must be well worth your while investing a little money in a consultation with an expert so you avoid possible problems.
  • Check into a 'quit claim deed' in the state where you live. Usually that is all it takes to get someone's name off a deed, particularly if the property has no liens against it (no mortgage). I'm assuming both parties are still alive, in which case you can simply obtain the needed documents from the courthouse in the county where the deed is recorded, have both parties sign and have the new deed recorded. Obviously, rules vary state to state, so it may be slightly more complicated, but still can be done without an attorney.

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