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Title is held husband and wife, husband dies. Can the wife

Posted on: 29th Jan, 2008 06:36 pm
The existing deed has both husband AND wife. Husband passed some time ago. Can the wife olone sign over the house to another via warranty deed? or is there another deed that would preceed the warranty deed?

Thanks
Hi Findahouse,

Welcome to the forums.

First of all, the wife needs to get full ownership rights on the property and get the title in her name only. This can be done by filing an affidavit of heirship. The wife has to show the death certificate of the deceased husband as proof at the time of title change. Then the wife can sign a warranty deed and convey the property rights to some other person.

Take Care
Posted on: 29th Jan, 2008 08:39 pm
Hi,

Sara has given you sound advice. You should get full ownership first to transfer the property to anyone.

Is it a mortgaged property? If so then you will have to inform to the lender before transferring the property and in that case you cannot use a Warranty deed.

Feel free to ask if you have any further questions.

Best of luck.
Posted on: 30th Jan, 2008 10:41 am
What is the difference in the terminology that the property belongs to Edward Floyd or Isobel Floyd/Edward Floyd and Isobel Floyd as we each contributed half of our savings to purchase same.
Posted on: 29th Oct, 2008 12:16 pm
Hi Isobel,

You'll find the answer to your query at http://www.mortgagefit.com/propertytransfer/interspousal-quitclaim.html#65424 .

Take Care
Posted on: 30th Oct, 2008 02:58 am
As grantee, a Florida deed names, for example, John Doe and Jane Doe, his wife. What form of ownership is this? Is it tenants by the entirety or tenants in common?
Posted on: 24th Apr, 2009 01:13 pm
Hi pjo!

Welcome to forums!

In my opinion both of them are joint owners of the property. As far as I know, the form of ownership will be mentioned in the deed. You should check the property deed in order to know the form of ownership.

Sussane
Posted on: 26th Apr, 2009 10:23 pm
In Florida a deed to two persons who are husband and wife creates a tenancy by the entirety unless a contrary intention is stated in the deed. See Uniform Title Standard 6.1
Posted on: 27th Apr, 2009 05:43 am
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