Category: Title
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Can I Add a New Name to a Deed Without the Current Co-Owner’s OK?
If two people are on the deed to a house, can one party add someone else to the deed without the other deed owner’s permission? Maybe the owners are a senior and an adult child. Can the younger owner legally add a marriage partner to the deed without the senior owner’s go-ahead? First, a basic…
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Name Order on the Deed: Do You Care?
You might wonder if the order of people’s names on a deed gives the first-named co-owner an advantage over the second-named one. Some first-named deed holders may think, for instance, that they have a greater right to the home. Sometimes, co-owners do hold a property in unequal shares — but that is due to the…
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Can I Take Another Person Off My Deed Without Telling Them?
The question of the day is: I need to take someone off my house deed. Can I do it without calling anyone’s attention to this? Spoiler alert: No. Nor can one owner create a new deed that doesn’t include the other co-owner in order to extinguish that other person’s ownership. No one gives up their…
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Real Property Basics: What Is a Clear Title?
A clear title. The term is commonly used to mean the deed holder can prove ownership, unquestionably. To verify that, a title company can conduct a title search. Other parties’ claims on the title are called title defects, or clouds on title. What do these claims look like? They might be mortgage liens, court judgments,…
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Behind the Scenes of a Home Purchase: What’s Your Title Company Doing?
You joyfully pick up the keys on closing day, and leave the office triumphant, a thick folder from the title company under your arm. The title company played a starring role in your day. At least it did if a mortgage is involved! Cash buyers need not hire experts to run a search on the…
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How Philadelphia’s Funeral Homes Aid in Resolving Tangled Titles to Preserve a Billion Dollars in Real Estate Wealth
Once upon a time, Katherine Gilmore Richardson undertook the crucial task of reclaiming the title to her family home in Wynnefield, West Philly, where she grew up. She got the title back to her family home. She grew up in that corner home in Wynnefield, West Philly. So she wanted to recover its title with…
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Dower Rights for Surviving Spouses: Does Your State Still Have This Old English Relic?
If you live in Michigan, your state ended its dower rights in 2017. But if you live in Arkansas, Kentucky, or Ohio, dower is still on the books in your state. This musty old legal provision gives spouses a peculiar set of real estate protections. Kansas, too, has a “dower-like” provision in its KSA 59-505.…
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A Couple Breaks Up. What Are The Deed Options?
They bought a home together. Now they’re parting ways. They could do a number of things with the deed to the home, depending on their situation. Here, we walk through the most common options for separating co-owners.
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I’m Changing My Name. What About the House Title?
Your house title should state your current legal name. Of course, there are other documents that prove your identity. But having the correct name on the title will save steps when you want to sell or take a loan out on your home. So here’s a brief guide to changing the title to your home…
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Can Home Renovations Affect My Real Estate Title?
Avoiding Surprises With Home Construction Renovating a home can indeed have an impact on the title. Or maybe two impacts. These concern liens and permits. Whether you are buying a renovated home or plan to remodel the house yourself, be mindful of liens. Contractors place liens on homes for unpaid bills. Liens are clouds on…
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The Whole Enchilada? Know What’s in Your “Bundle of Rights” When You Buy a Home
The privileges you get as a homeowner are, in a famous legal metaphor, your bundle of rights. Why the metaphor makers didn’t choose an enchilada is anyone’s guess. It certainly would have spiced up law school courses. In any case, what’s in a real estate deed matters. If your bundle is missing a few sticks, so…
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Not Entitled? Owners of “Heirship Properties” Locked Out of Disaster Relief
July 2021 — Elsa was the earliest “E” storm we’ve ever experienced, and Colorado State University now has raised its 2021 Atlantic hurricane season prediction. We should now expect 20 named storms, says CSU. This, after the unprecedented 2020 hurricane season. Disaster relief funds will be vital this year. And this brings up multiple problems for…
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Issue Spotting: Buying a Home With an Unmarried Partner
Thinking of buying a house with your partner? Many unmarried couples decide to live together, often co-owning their homes. Here are some questions to consider if you’re thinking of making a similar commitment. Will One Partner Take Out the Mortgage? Or Will You Be Co-Borrowers? When unmarried couples apply for a mortgage, the partner with…
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Solving Title Problems for a Home with a Previous Foreclosure
A foreclosure usually means a previous owner fell into default on the mortgage. When there’s an unpaid mortgage debt, the lender can put a lien on the property, and ultimately claim the property itself. Foreclosures can also happen due to a neglected tax lien, or some other kind of lien. But there’s just one question…
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7 Common Title Problems in Real Estate Deals
When you tour a home, a big question is whether “what you see is what you get.” Appraisers, home inspection professionals, and title companies help offer the answers. Through the title search, ownership of the land in traced back in time, showing current legal ownership, easements, and any notable issues. Until the moment the…
