Full question:
My wife owned a house (clear title) before we were married and now wants to give it to her sister (who is now married). It is a two part question. First, since my wife was single when she bought the house, do I (husband) need to have to my name also on the new warranty deed (husband and wife) when it transfers to her sister? The second part of the question is that my sister-in-law is married but we did not want her husbands name on the new warranty deed since my wife only wants to give this house to her sister. How do we do this and which form should we use? (ex. Husband and wife transfer to individual (only) who is married or maybe individual to individual). Does this make sense? There is nothing owed on the house. No mortgage.
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Kansas
Answer:
If only your wife is named on the current deed, then she is the only owner and a deed from one individual to another individual may be used. You would only sign the deed if you were named on the current deed as an owner. The deed must describe the real property, name the party transferring the property (grantor), the party receiving the property (grantee) and be signed and notarized by the grantor. In addition to the signature of the grantor(s), deeds must be acknowledged to be recorded and acceptable as evidence of ownership without other proof. A valid deed must be delivered and accepted to be an effective conveyance. Most states assume delivery if the grantee is in possession of the deed. The deed also must be accepted by the grantee. This acceptance does not need to be shown in any formal way, but rather may be by any act, conduct or words showing an intention to accept such as recording the deed. To complete the transfer (conveyance) the deed must be recorded in the office of the county recorder or recorder of deeds in the county in which the real estate is located.
There are two basic types of deeds: a warranty deed, which guarantees that the grantor owns title, and the quitclaim deed, which transfers only that interest in the real property which the grantor actually has. The only type of deed that creates "liability by reason of covenants of warranty" as to matters of record is a general warranty deed. A quit claim deed contains no warranties and the seller doesn't have liability to the buyer for other recorded claims on the property. The purchaser takes the property subject to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record. However, a person who obtains a mortgage is still liable for mortgage payments after executing a quit claim deed on the property securing the mortgage. The quitclaim is often used among family members or from one joint owner to the other when there is little question about existing ownership, or just to clear the title.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
