Deed and title are they the same when one spouse's name is on one but both names are on the title?

Question

If one spouse's name is on the deed, and both names are on the title, what would happen to the house if the name on the deed passed away? Are the deed and title considered the same type of document?

Erven Nelson · Answer

Generally, you determine title by looking at the deed since it shows the owners.  There is not usually a difference in the deed and the title owner, generally.

Sally Beaudry · Answer

The question is incongruous.   What do you mean by title? What do you mean by deed? Generally, a conveying instrument for real property is a deed.  There are multiple forms of deeds.Generally, the term, "title", is not necessarily a separate document or instrument.  Rather, it is commonly a description or definition of "ownership".  For example, "title" is the name of "John Doe" usually means that the recorded deed states that the Grantee is "John Doe".

James Oberholtzer · Answer

The last Deed creates the title.  It would be very unusual to have any difference.

Randy Lish · Answer

The deed shows how title is held.  If both names are on the deed, the property is titled in both names.  The mortgage may be in one or the other, but the deed shows how title is held, not the mortgage.

Bernard H. Greenberg · Answer

The title is determined by the deed. You will want to determine if the title is joint tenancy or tenancy in common. With joint tenancy, full title is vested at the first death in the survivor by operation of law.  With tenancy in common, the deceased common tenant's interest is probated in their estate.  For more information, consult with an attorney in your area who specializes in estate administration.

John Brennan · Answer

I will need details, normally a property which has a deed does not have a title.

Brian Haggerty · Answer

There's some confusion here; there is no separate document that is "title" to real property. A deed is a document which transfers real property; it's recorded in the county records. What the county records say is about 90% of the argument; rarely can there be ownership of real property which does not conform to the county records. A "title," as for example to a car, is a document that shows ownership. To transfer a car, you have to sign over the title, and the new owner has to get a new title issued in their name. It's a completely different system. Then, there's manufactured homes. They are personal property, like a car, and they have a title, handled through the Building Codes Division. So, you could have a manufactured home, with title in both spouses, sitting on land which is only in the name of one spouse. If the spouse who owns the land passes away, his or her ownership of the land would transfer according to his or her will, in a probate. If that is your case, fix it now, before either spouse passes away.

Kathleen Delacy · Answer

There is only a deed for a house and a title for a car.  Depends on what deeds say about how the property is owned, how the property passes on death of one owner.

Michele Ungvarsky · Answer

Although the two words are sometimes used interchangeably, they have two different legal meanings.  The DEED establishes the right to claim ownership of the property.  A title signifies indebtedness, or lack thereof.  It is a fairly easy process to have another name added to the Deed.

Mark T. Peters · Answer

I am not sure what a title is.  Real property is passed by deed.  Perhaps both of you are on the title insurance, maybe both of you are on the mortgage.  I think you need to run the documents by an attorney to see what the true status is.

James Maguire · Answer

Technically, Louisiana does not have "deeds." Property ownership is proven   by documents (titles) showing who the most recent purchasers of property   are.   If property was acquired by a husband and wife, they both own the property   as community property. If one spouse dies, ownership of the decedent's  interest  transfers according to the decedent's will, or by the laws of  intestacy if there  is no will.

Gerald Bagazinski · Answer

The deed and the title are the same document. How could someone be on the title but not the deed?

Susan Wideman · Answer

A deed and title are the same.  If two people are on the deed and one dies, the other may or may not own the whole of the property.  It depends on the way they owned the property.  If they are joint tenants with rights of survivorship (tenants by the entireties for married couples), the survivor will own the whole property.  If they are tenants in common, the deceased individual's share will go to their estate.  If neither of these provisions is on the deed, it is considered to be tenants in common.

Victor Waid · Answer

No, deed and title are not the same. Deed is a document; title is the description of how the deed reads.

Dara J. Goldsmith · Answer

That seems peculiar.  Title is determined by the deed.  I urge you to have an attorney review the documents.

James Frederick · Answer

Deed and title are THE SAME document. There is no difference. If you are referring to something other than the deed, then that is NOT the title. It might be a title insurance document or a title search. But it is not the title. The deed IS the title.

Christine James · Answer

The deed determines what title the property is held in.  There can be no inconsistencies.  I another words what the deed says is how title is held.

Ben Liu · Answer

The person(s) on the deed is/are owner(s) of the property.

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Deed and title are they the same when one spouse's name is on one but both names are on the title?

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