Maryland Legal Question

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My mother is selling me her old house (she just moved). The deed and title is still in the name of my father "and wife."

Here's where is gets sticky. My parents divorced about 12 years ago. However, the title/deed was never changed to reflect that. My mother lived in the house from the divorce on. The house has no liens, debts, etc. It's paid in full.

Here's where it gets stickier. My father passed away in November 2003. As his only kin (he never remarried), I am under the impression that "his" half of the house (since it's in his name) goes to me.

So, I am at a loss as to what to do next to get the house into my name. Do I just need to go with his death certificate and prove I am his kin to have the house put in my name? Since my mother is still technically on the house, do I need to get her to sign a quitclaim or something similar? Or would the house just be in both our names, and I can get her to sign off the deed?

Any advice? I'm trying to avoid finding a lawyer until I know the best steps to take.

Thanks!

Comments(2)

  • JohnMerchant12th August, 2004

    A local title co. can answer your question in minutes...either your mom is still on title, or she's not, and that's the only way you can know.

    In some parts of the country title co. will charge small fee for this, in others free to their usual customers...but a call to one or two will tell you quickly.

    If she is, you own 1/2 and she owns the other 1/2...and her signature on deed is absolutely essential for you to sell the property now.
    [addsig]

  • moneytrain812th August, 2004

    Thanks for your reply! I'll do that right away...

    I'm not looking to sell it; this is my "starter" property to see if being a landlord/getting involved in REI is something I want to do and am cut out for. I just need to get the house in my name alone.

    Thanks again!

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