How can I remove my deceased husband's name from the condo deed?

Full question:

My husband and I purchased a condo in 1992 with both ours names on the mortgage. My husband passed away in 2005. The mortgage was paid off by the insurance company and I am now in the process of trying to get a certified copy of the deed. I would like to have his name taken off the deed and have my name and the names of our four children put on. What steps do I have to take in order to have this done? Is this something that requires an attorney or can I do this myself? Thank you in advance. Delores Kraft

  • Category: Real Property
  • Subcategory: Deeds
  • Date:
  • State: New York

Answer:

To remove your husband's name from the deed, you need to file proof of his death with the county recorder's office where the condo is located. If the title was not held in joint tenancy with the right of survivorship, you will likely need to open an estate in the appropriate court.

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.

FAQs

When two names are on a mortgage, both parties are equally responsible for the mortgage payments. If one person dies, the surviving borrower typically continues to be responsible for the mortgage. The deceased's interest in the property may pass to their heirs or depend on how the title was held, such as joint tenancy or tenancy in common.