Posted on: 20th May, 2010 11:17 am
spouse died in january of this year. husband and her were divorced and have a property in both names. want to quit claim the property now to both of their children. can we just file a quit claim deed with a death certificate and give property to children?
Hi TSeegraves!
Welcome to forums!
As the spouse is already dead, a quit claim deed will not be of any help in this regard. The husband will have to file an affidavit of heirship at the county recorder's office and get the property transferred in his name. After that, the husband needs to sign a quit claim deed and transfer the property to the children.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As the spouse is already dead, a quit claim deed will not be of any help in this regard. The husband will have to file an affidavit of heirship at the county recorder's office and get the property transferred in his name. After that, the husband needs to sign a quit claim deed and transfer the property to the children.
Feel free to ask if you've further queries.
Sussane