QUESTION
Can I sell the house if I have a clear title but the deed has multiple names?
Asked on May 03rd, 2013 on Estate Planning - Michigan
More details to this question:
My parents are deceased and have a property that is paid for. However, I am in a pickle because I am not sure which holds true, the deed or the title to the property. The title has only my father's name. However, the deed has multiple names on it. What can be done about this. I would like to sell the home and I don't think I can do so without having a valid or correct deed or do I even need it since I have clear title.
16 ANSWERS
I suggest that you go to a title company and ask them to help you. The will know how to clear the title.
Answered on May 24th, 2013 at 12:29 AM
There is something wrong with your documents. The title report from the title company and the Deed should show the same owners. You may wish to contact the title company for an explanation.
Answered on May 07th, 2013 at 12:04 PM
Business Transactions Attorney serving Glendale, CA
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Richard E. Blasco, Inc.
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You need to provide more facts. The deed creates the title to the property. You need to see a real estate attorney in your area, and provide him with all the information.
Answered on May 07th, 2013 at 12:04 PM
The deed is the title. There is no separate title from the deed. To determine actual title, you may to obtain an Owner's and Encumbrance Report from a title insurance company. For proper assistance, contact an attorney specializing in estate matters.
Answered on May 07th, 2013 at 12:03 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your summary is confusing. The Deed IS the title. The two are one and the same. If there is some discrepancy somewhere, you will need to have the title/deed examined by an attorney.
Answered on May 07th, 2013 at 11:57 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, I do not understand what you are talking about. The owners are the people listed on the last recorded deed, whether it be a general warranty deed, a quit claim deed, a beneficiary deed, a personal representative's deed or a trustee's deed. There is no document that is a title to the property. Therefore, I cannot see how you have clear title to the property. If the last recorded deed is in your father's name only, you may have a probate matter on your hands. Please see either a probate attorney or a real estate attorney to take care of this matter. Take in all known deeds that you have plus the death certificates of your parents.
Answered on May 07th, 2013 at 11:56 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The deed is the title, so I am not sure what you are saying. Was your father the only name on the tax assessment? That is just the government picking a name out and sending the bill. At a minimum, you can go to the recorder's office and see if they will give you the last deed or record. If the other names signed quitclaims, then you will need them as well. You may need to talk with an attorney to get a clear idea of what you have.
Answered on May 07th, 2013 at 11:56 AM
Domestic Relations Attorney serving Milford, MI
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Gabel, Gudmundsen & Gabel, P.C.
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Your question is confusing. Is this a manufactured home? If so, I'm assuming that you mean that the title to the home has just your dad's name on it and that the deed to the land has multiple names on it. If so, is anyone who is on the deed still living? It sounds like you will need to open a probate estate to transfer title to the home from your dad's name into the name(s) of his heirs. Whether you will need to probate the land or not depends upon whose names are on it, how they appear (joint with rights of survivorship?), who is deceased and (if they have all died) in what order they died. An estate attorney can review all of this with you and determine what you need to do.
Answered on May 07th, 2013 at 11:55 AM
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A house generally does not have a title. I suggest you check with assessor to see who it shows as the legal owner. If you are sure, you may want to contact a title insurance company and order a preliminary title report.
Answered on May 07th, 2013 at 11:55 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are speaking of deed and title as being two separate things. The deed is the title. You are advised to seek the assistance of a probate lawyer if you were awarded the property out of a probate court with an order, or a real estate lawyer as to how to get the deed in your name only; maybe a title company can assist you also.
Answered on May 07th, 2013 at 11:55 AM
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You are correct. You need to speak with an attorney to assist in determining the actual ownership/title of the property. Once that is determined, either a probate, quiet title action, or both will likely have to be instituted in order to sell or transfer the home.
Answered on May 07th, 2013 at 11:54 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Unlike other states, Louisiana does not have "deeds." The property is owned by whoever's name is on the title, the document in which the current owner(s) acquired the property. If the property was purchased by your parents while they were married, it is community property even if your mother's name does not appear on the title.
Answered on May 07th, 2013 at 11:53 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Get a title report or a property profile. Then you'll know how title really is held.
Answered on May 07th, 2013 at 11:52 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need to take the details to an attorney to get an opinion.
Answered on May 07th, 2013 at 11:51 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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I am not sure what you mean by "clear title." Usually, the term means that a court has decided a quiet title action and ruled that only you have any ownership interest in the property. At the very least, it usually means that a title insurance company would be willing to issue an insurance policy stating that you are the only owner.It does not mean (for example) that only your father's name is on the city or county's property tax lists.?If you have clear title, you can sell the property. Otherwise, you will have to deal with the other names on the deed. This may not be that difficult, depending on how the deed is written and who the other named owners are. You should contact a lawyer and give him or her more details about the deed.
Answered on May 07th, 2013 at 11:50 AM
The deed controls. Check with the title company why only your father is listed as the owner. Maybe you do not have the most current deed. Even if your father is the owner, you will have to probate.
Answered on May 07th, 2013 at 11:50 AM