Posted on: 22nd Sep, 2010 02:17 pm
Hello, and thanks for your help with this.
My husband and I have property we are deeding to our daughter, and we're retaining a lifetime estate. On our deeds, some property has both our names, and other has only one name.
In NC, should we include the other SPOUSE as Grantor--since we're married?
OR, do we have to do a Quitclaim to put both our names on the deed, THEN, deed it to our child? Seems complicated, but i see a lot of comments about sole ownership, and tenancy in entirety, on old deeds i also see: "John Doe, and wife Jane Doe--instead of John and Jane Doe, husband and wife.
Any help is appreciated.
My husband and I have property we are deeding to our daughter, and we're retaining a lifetime estate. On our deeds, some property has both our names, and other has only one name.
In NC, should we include the other SPOUSE as Grantor--since we're married?
OR, do we have to do a Quitclaim to put both our names on the deed, THEN, deed it to our child? Seems complicated, but i see a lot of comments about sole ownership, and tenancy in entirety, on old deeds i also see: "John Doe, and wife Jane Doe--instead of John and Jane Doe, husband and wife.
Any help is appreciated.
Welcome Guest,
If your name as well as your husband's name is mentioned on the property deed, then both the names should be mentioned as grantors of the property whereas your daughter's name should be mentioned as the grantee to it.
If your name as well as your husband's name is mentioned on the property deed, then both the names should be mentioned as grantors of the property whereas your daughter's name should be mentioned as the grantee to it.
OK, some list both our names--that I can understand.
Unfortunately some don't, here's an example: One tract of land that is deeded to me ONLY "Jane Doe", i am (and was) married at the time. The deed shows my name only, no detail as to the "type" of ownership, sole, or anything about survivorship, etc.
It is my understanding that in North Carolina the "unlisted" spouse must consent to convey property titled separately (in my name alone "Jane Doe"). The deed must contain the consent and joinder of the unlisted spouse on the deed.
Soooo, how do I indicate GRANTOR:
Jane Doe (Grantor) and husband John Doe, or
Jane and John Doe (Grantor), or
Jane Doe (Grantor), then just add a signature line for my husband, or
Jane Doe (Grantor) with the "consent and joinder" of her husband John Doe?
THEN, in retaining the life estate section: Can I retain a life estate ALONG WITH my husband if I specify the life estate of jane doe and john doe life estates to run consecutively, etc.
Thanks for you help with this...
Unfortunately some don't, here's an example: One tract of land that is deeded to me ONLY "Jane Doe", i am (and was) married at the time. The deed shows my name only, no detail as to the "type" of ownership, sole, or anything about survivorship, etc.
It is my understanding that in North Carolina the "unlisted" spouse must consent to convey property titled separately (in my name alone "Jane Doe"). The deed must contain the consent and joinder of the unlisted spouse on the deed.
Soooo, how do I indicate GRANTOR:
Jane Doe (Grantor) and husband John Doe, or
Jane and John Doe (Grantor), or
Jane Doe (Grantor), then just add a signature line for my husband, or
Jane Doe (Grantor) with the "consent and joinder" of her husband John Doe?
THEN, in retaining the life estate section: Can I retain a life estate ALONG WITH my husband if I specify the life estate of jane doe and john doe life estates to run consecutively, etc.
Thanks for you help with this...