Quit Claim Deed

[wuselino1412]

What is the name of your state (only U.S. law)? Florida

My sister and I own a home together here in Florida. My sister lives in Germany and wants to sign her part over to me or my husband and myself.
I know I can do this per a quitclaim deed. However, I do have one question. If my sister signs it over as the grantor am I the grantee or am I the grantor also and the grantee.

If this can be signed over by her simply being the grantor and my the grantee she would be the only one to sign.

I am asking because she lives in Germany and so it would be easier if she is the only one signing the deed since I would then have to get another paragraph with my signature and my notary's signature here.

Or can she just sign over her part of the ownership to my husband and I don't have to be on the quit claim deed at all?

Thank you,

Susan

 

[adjusterjack]

She need only quitclaim her interest as grantor to you as grantee if she is transferring her ownership only to you.

However, putting your husband on the deed requires you and her to quitclaim your interests as grantors to you and your husband as grantees (joint owners).

It's an incredibly bad idea to put your husband on the deed to your sole and separate property.

 

[justalayman]

Actually sister can grant her share to either you, your husband, or the both of you. The resulting interest owned by each grantee will vary with each transfer.

 

[wuselino1412]

She need only quitclaim her interest as grantor to you as grantee if she is transferring her ownership only to you.

However, putting your husband on the deed requires you and her to quitclaim your interests as grantors to you and your husband as grantees (joint owners).

It's an incredibly bad idea to put your husband on the deed to your sole and separate property.

Can I just ask why it is an incredibly bad idea? We are just fixing up the property and selling it by end of the year (hopefully) and then we are paying off the mortgage on our home

 

[wuselino1412]

Actually sister can grant her share to either you, your husband, or the both of you. The resulting interest owned by each grantee will vary with each transfer.

if she grants her share to me and my husband and I am still on the original deed, do I have to be the grantor also or can I just be the grantee and then I would pretty much own 3/4 and he would own 1/4.
We are just doing the transfer and we are fixing up the house to sell it by end of the year and to pay our mortgage off

 

[FlyingRon]

Your each can only grant what you own. So if your sister grants her half to you and your husband, it would indeed end up with 1/4 to him and 3/4 to you.

She'd be a fool to grant anything before the mortgage got paid off (presuming she's on the mortgage).

 

[STEPHAN]

If the house has a mortgage you are most likely violating the contract with the bank by changing the ownership. This could result in a cancelation of the contract with the bank.

 

[wuselino1412]

Your each can only grant what you own. So if your sister grants her half to you and your husband, it would indeed end up with 1/4 to him and 3/4 to you.

She'd be a fool to grant anything before the mortgage got paid off (presuming she's on the mortgage).

There is no mortgage on the home. my parents bought it out right and put it in my sister and my name. She is getting the home in Germany and I am getting the homes here

 

[wuselino1412]

If the house has a mortgage you are most likely violating the contract with the bank by changing the ownership. This could result in a cancelation of the contract with the bank.

We own the house out right. No mortgage involved

 

[STEPHAN]

Were you planing of using a German notary?

 

[wuselino1412]

Were you planing of using a German notary?

yes since she will not come here anytime soon

 

[STEPHAN]

Be careful. Their system is totally different. Where does she live? Notaries usually have big offices and do nothing else. Paying a few thousand in notary fees is not seldom. Also, the papers need to be apostilled to be recognized in the US.

Is she close to a US Embassy? Is she US Citizen?

 

[wuselino1412]

Be careful. Their system is totally different. Where does she live? Notaries usually have big offices and do nothing else. Paying a few thousand in notary fees is not seldom. Also, the papers need to be apostilled to be recognized in the US.

Is she close to a US Embassy? Is she US Citizen?

Actually I found a notary that will do the signature confirmation (that is the main difference in how to call it). if you tell them it is anything else they will charge hundreds of dollars. I also looked up recorded deeds with the county from different countries and all they needed was the notary stamp from the notary in the country it was notarized. So luckily that is all that is needed.
The only concern I have is that I can list her as the only grantor and myself and my husband as the grantee.
The title is in my and my sister's name.
All I am unsure of is if I have to list myself as the grantor too because then I have to rearrange the whole thing and have it also notarized here. If I can just put her as the grantor and myself and my husband or just myself (it doesn't really matter since it will be sold by end of the year) as grantees then I am all set

 

[STEPHAN]

You are right about the signature confirmation. However a signature from a German notary is not valid without proper apostille from the German court confirming that he was a valid notary at the time.

You might be "lucky" that it gets recorded anyway, but it might cause you big headache further on.

The apostille is inexpensive, but can take up to two weeks.

(I am an absolute pro in notarizations between these countries.)