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  1. #1
    Join Date
    Apr 2009
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    3

    Default Quit Claim Deed

    Questions:

    1)Husband and Wife owns a house with no mortgage. The Husband wants to remove his name from the ownership with a quit claim deed, while his wife retains her ownership of the property. They both make a will stating they want to give their child the property after they are gone.

    If the wife dies first, who will be the Sole legal owner? the child, right? can the husband claim his wife's ownership of the property?

    2)same as above, but they add their child to the ownership/title of the property. The wife dies first, who is the legal owner?

  2. #2
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Quit Claim Deed

    Quote Quoting josher8
    View Post
    Questions:

    1)Husband and Wife owns a house with no mortgage. The Husband wants to remove his name from the ownership with a quit claim deed, while his wife retains her ownership of the property. They both make a will stating they want to give their child the property after they are gone.

    If the wife dies first, who will be the Sole legal owner? the child, right? can the husband claim his wife's ownership of the property?

    2)same as above, but they add their child to the ownership/title of the property. The wife dies first, who is the legal owner?
    A will can be changed at any time.

    To prevent this the husband needs to quit claim his share to "(wifes name AND childs name AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP)"

    Then if the wife dies first the child gets the property, if the child dies first the wife would get the property.

    This type of deed will not be able to be changed in someones will. It is how it is recorded that matters

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