Our house is in both mine & my mother's name

[JanetRose]

Does anyone know what we need to do to take her name off and just have the house in my name? The house is not paid off. Thanks.

 

[jlima]

I believe she just quitclaims her share to you. You would need a legal document filed with the local assessor's office. You might want to have a lawyer or paralegal help you; or maybe a free legal clinic in your area. No money has to change hands, except for a filing fee that your city or county might charge.

To get her name off the mortgage, you would need to refinance.

I would get legal advice, specific to where you live. Where I live is a community property state; I'm sure it's different procedures where you are!

 

[Bren's Mom]

Who holds the mortgage? If it's BOTH of you then it wouldn't be advisable for your mom to quitclaim.

 

[JanetRose]

I pay the mortgage.

 

[Bren's Mom]

I pay the mortgage.

Honestly, it doesn't matter if the postman pays the mortgage. It matters who is responsible, legally, to pay it. If there are 2 names on the mortgage papers then both parties should have their names on the deed. As I said before, if you're both on the mortgage papers then she should not quitclaim it to you.

 

[LuvOrlando]

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[Inigo]

Honestly, it doesn't matter if the postman pays the mortgage. It matters who is responsible, legally, to pay it. If there are 2 names on the mortgage papers then both parties should have their names on the deed. As I said before, if you're both on the mortgage papers then she should not quitclaim it to you.

ITA with this. If she quit claims her name off the deed, the mortgage company can call the loan due immediately, and you would have to pay off the mortgage or refinance in your name only.

 

[Tink888]

Depending on the state you're in either a quit-claim deed or warranty deed is done and your mom signs off on her interest in the property. Depending on which deed is done, both of you and DEFINATELY your mom signs the deed. To be valid it must be signed, notarized and recorded in the Recorder of Deeds Office of the county the property is located in. You are responsible for any filing fees and applicable transfer taxes.

If both names are on the mortgage, both names should be on the deed. You should check with your lender and the terms of your mortgage.

The mortgage attaches to the property, so no matter whose name is on the mortgage, if the mortgage isn't paid, the lender can foreclose.

Also depending on the state judgments and liens can both attach to the person and the property regardless of whether or not the person still holds title. Also, in nursing home and Medicare situations, they will look back years as to whether or not a person owned property.

I would check with an attorney prior to doing anything and also to have the deed prepared. There are quite a few states which require an attorney to prepare the deed.

(I know you didn't ask for all of that info.....just throwing it out there).

 

[manning]

ITA with this. If she quit claims her name off the deed, the mortgage company can call the loan due immediately, and you would have to pay off the mortgage or refinance in your name only.

Bingo