QUESTION
If a married couple have joint ownership of a condo and one dies, can the ownership be transferred to only the surviving spouse?
Asked on Jun 26th, 2013 on Estate Planning - Delaware
More details to this question:
How can you have the deceased name withdrawn from the title?
21 ANSWERS
In Nevada, you can record an affidavit along with death certificate.
Answered on Jul 05th, 2013 at 3:07 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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Yes, the house must transfer to the surviving spouse. This is done by filing the death certificate and affidavit with the county recorders office.
Answered on Jul 02nd, 2013 at 4:41 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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On the death of the first joint owner-spouse, the other spouse automatically owns the condo. All he or she needs to do to "clear" title is record an affidavit which states the co-owner has died on such a date, that the affiant and deceased owner held joint title with right of survivorship and now the survivor is the sole owner. The affidavit gets recorded with the Recorder of Deeds for the county where the property/condo is located.
Answered on Jun 27th, 2013 at 8:55 AM
If they are joint tenants with the right of survivorship then the condo passes directly to the surviving member. If not, then you might have and want to probate the parcel.? It will get a stepped up basis which should save some capital gains taxes if you have owned it long enough for them to have been appreciation.
Answered on Jun 26th, 2013 at 11:25 PM
If the deed is joint tenants with rights of survivorship. If tenants in common then each owns one half. One dies his or her ownership then belongs to heirs, children, etc. If the title is tenancy by the entirety (married) or Joint Tenants with Rights of Survivorship, then yes just a death certificate and the remaining owner can have the deed changed.
Answered on Jun 26th, 2013 at 7:03 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes. This is done normally be having the death certificate recorded.
Answered on Jun 26th, 2013 at 7:02 PM
If the property is held in joint tenancy it is a relatively easy matter to remove the name of the deceased from the property. An affidavit of death of joint tenant needs to be prepared and recorded.
Answered on Jun 26th, 2013 at 7:02 PM
If it is joint ownership with rights of survivorship, record the death certificate.
Answered on Jun 26th, 2013 at 1:41 PM
Thomas Edward Gates
The Executor issues a Personal Representative Deed which will only have the surviving spouse's name on the deed.
Answered on Jun 26th, 2013 at 1:40 PM
You usually do not need to remove them from title. You can present the death certificate to prove the ownership is in the survivor. If you really want to remove them from title, you can make a Deed to a trust or (I believe but am not sure) solely to the survivor.
Answered on Jun 26th, 2013 at 1:40 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You will need to prepare an affidavit terminating the joint tenancy, assuming the title was held in joint tenancy, which has the element of the right of survivorship, and record with the county recorder, with a death certificate, and assessors PCOR statement of no change in value.
Answered on Jun 26th, 2013 at 1:40 PM
3 Awards
Yes, so long as they owned it as a joint tenancy or as a joint tenancy with rights of survivorship or as community property with rights of survivorship. If it is as tenants in common, then the answer is no, and it must go through probate.
Answered on Jun 26th, 2013 at 1:26 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If they held it as joint tenants, they file an Affidavit of Death of Joint Tenant. If they held it as community property with right of survivorship, they file a similar affidavit of death. If they held it as community property, (and the deceased did not have a will leaving it to somebody else) they file a Spousal Property Petition. If they held it as separate property as tenants-in-common, (and the deceased's will leaves it to the surviving spouse or had no will leaving it to anybody else and has no surviving issue or parents) they file a Spousal Property Petition.
Answered on Jun 26th, 2013 at 12:50 PM
General Practice Attorney serving Portland, OR
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Furniss, Shearer & Leineweber
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If it is owned jointly with right of survivorship it passes automatically to the surviving spouse. You don't need to remove their name but should record a copy of the death certificate with the county recorders office. When you sell the title company will pick up the death and see that you are sole owner.
Answered on Jun 26th, 2013 at 12:32 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If the married couple owns "as tenants by the entirety" (which they do if the deed says so, or if the deed says "husband and wife," or if the ownership was created by husband and wife at a time when the statutes are such that they automatically take as tenants by the entirety) then the surviving owner owns the whole property. Just record a death certificate in the county records. This answer applies to Oregon.
Answered on Jun 26th, 2013 at 11:56 AM
The surviving spouse automatically becomes the sole owner of the property. There's no need to "remove" the name of the deceased spouse.
Answered on Jun 26th, 2013 at 10:52 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If a married couple has joint ownership, the survivor will automatically have title. Someone will have file an affidavit of death with the recorder of deed's office to remove the deceased person's name.
Answered on Jun 26th, 2013 at 10:06 AM
Yes, joint ownership means that the decedant's share is automatically transferred to the remaining owner(s) and can not be passed on to someone else by will or intestacy law.
Answered on Jun 26th, 2013 at 10:06 AM
Joint ownership passes to the surviving owner after death. Check with your county clerk about the procedure to transfer the title into the surviving partner's name. Usually it requires a death certificate and a quick claim deed or warranty deed.
Answered on Jun 26th, 2013 at 10:04 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If joint ownership with right of survivorship or as husband and wife, upon the death of one it automatically is owned by the surviving joint tenant. As long as you file an Affidavit of Jointly owned real estate you do not need to change the deed, but the surviving tenant can have a new deed drafted and signed
Answered on Jun 26th, 2013 at 9:51 AM
2 Awards
You first have to make sure it was 100% community property or joint tenancy. Then you need to record the appropriate deed. I strongly encourage you have an attorney help you with this.
Answered on Jun 26th, 2013 at 9:51 AM