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Your name on a deed signifies ownership. However, your rights of ownership have limits. The government imposes such police-power limits as zoning and building codes. Other limits result from your deed and the way in which you own the property.
Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.
It is possible to be named on the title deed of a home without being on the mortgage. However, doing so assumes risks of ownership because the title is not free and clear of liens and possible other encumbrances. Free and clear means that no one else has rights to the title above the owner.
The easiest way to grant your spouse title to your home is via a quitclaim deed (Californians generally use an interspousal grant deed). With a quitclaim deed, you can name your spouse as the property's joint owner. The quitclaim deed must include the property's description, including its boundary lines.
Title Issues Adding a child's name to a deed gives him or her an ownership interest in your home. As a result, you cannot sell the home or refinance your mortgage without your child's permission. Technically speaking, your child could even sell his or her share of the property without your consent.
If a recorded deed contains only one name, that person is the legal owner and has full legal power to sell or will away the house or other real property, even if someone else has contributed to its purchase and holds a nonrecorded interest.
If a husband and wife do not live in one of these states and the husband owns the house in which they live in his name alone, and the wife's name is not on the deed, the husband may be able to sell the house without his wife's written consent.
A deed is the definitive instrument determining who owns a home. If your name is on it, you're the owner or at least you own a portion of the property if someone else is named on the document with you. Mortgages and deeds don't deal with the same issues, and the names on each don't always match.
A: The answer is yes, unless the other person has a will naming other heirs. If the person on the mortgage tries to sell the property, he/she cannot do it without you. Since your name is on the deed, you would have to agree unless you're willing to give the other person a quit claim deed, giving them full ownership.
Joint Ownership Both spouses will need to sign the deed to sell the home. However, if the home is titled as “tenants in common,” a spouse can sell his share of the property without the other spouse's consent. Both parties have a separate and distinct interest in the home.
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