Deed titling confusion

[Chuzzle]

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

Our real estate lawyer is telling us this:

Changing the name on the deed does not change the ownership.


Heh? So what exactly does change the ownership? I'm almost afraid to ask.

He then went on to say, "oh well, we didn't know you wanted to do that too."

Have we hired a moron or is he correct?

 

[justalayman]

he is kind of correct, kind of wrong.

a deed, or actually registering it, can transfer title but depending on what is within the deed and what kind of deed it is, it may not transfer title.

It almost sounds like you are simply considering altering a deed by changing one of the parties names. In that case, he is correct. You cannot change a deed (at least without a lot of effort and the courts involvement) once it is written and signed.

 

[Chuzzle]

The deed is already in one persons name. The joint owner is deceased so the property went to her. All we want to do is have the deed put in her name alone.

 

[justalayman]

it requires a deed or a court action to change title to a property. You cannot change an existing deed.

several things come in to play here:

how was title held (joint/tenants in common/tenants in the entirety)?

was the husbands estate probated?

did the husband have any debts?

were there any other heirs?

and what you want is to have TITLE put into her name. A deed is the mechanism used to transfer title.

 

[anteater]

The deed is already in one persons name. The joint owner is deceased so the property went to her. All we want to do is have the deed put in her name alone.

That person wouldn't be Mom, would it? And the deceased wouldn't be Dad, the divorced spouse, would it?

What happened to "tenancy by the entirety" with Dad?

https://forum.freeadvice.com/probate-personal-representatives-114/confusing-real-estate-situation-474699.html

 

[Chuzzle]

That person wouldn't be Mom, would it? And the deceased wouldn't be Dad, the divorced spouse, would it?

What happened to "tenancy by the entirety" with Dad?

https://forum.freeadvice.com/probate-personal-representatives-114/confusing-real-estate-situation-474699.html

LOL, same person. It's Mom.

We're completely confused.

 

[Chuzzle]

Just to clear up the confusion, we were told that having the deed titled over to Mom (who's name is already on it) alone through a lawyer/court would not give her ownership. Never mind that other thread for the moment. What I want to know is if they told us they would change and file the title with the court, why are they telling us now that it would do no good?

 

[justalayman]

well, what I have found (which was very little) states that the tenancy by the entirety does not survive a divorce so if mom wants the title to reflect her name only, she needs to have any and all heirs of your father that inherited his half of the property deed their interest to your mother. That may require her to purchase those interests if they do not wish to gift it to your mother.

the property did not go to her, from what I have read. She would have maintained ownership of her 1/2 (unless the divorce decree ordered otherwise and the decree was acted upon). The other 1/2 would have either been inherited by his then wife and maybe his children, or if he had a will, be inherited by whomever it was willed to.

 

[Chuzzle]

We figured as much. Thanks for your help!!