My husband is recently deceased. Is it necessary change deed into my name only?
A: Usually No. If both your names are on the deed and it was purchased while you were married (Deed should read AS HUSBAND AND WIFE or JOINT TENANTS WITH RIGHT OF SURVIVORSHIP or TENANTS BY THE ENTIRETY), then your husband’s interest automatically passes to you upon his death (assuming you where not legally divorced or separated). In this case no new deed would be needed and if you wanted to sell or mortgage the property all that would be needed to clear the title would be an official copy of his death certificate and some affidavits that you were legally married up until the time of his death.
In such a situation unless you had a personal reason for filing a new deed to remove his name you can leave it alone.
If the deed does not read AS HUSBAND AND WIFE or JOINT TENANTS WITH RIGHT OF SURVIVORSHIP or TENANTS BY THE ENTIRETY, or you were divorced or legally separated then you would need to do more to remove his name. If you have a copy of the deed from the county clerk’s office where the property is located and if you are in NYC you can go on-line to NYC Dept of Finance and see a copy (except for Staten Island). If this is not possible your attorney or title company can get you a copy.
Continue reading more information about New York real estate law.
IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Steven T. Decker, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. The content of this website is subject to the Copyright of its author, Steven T. Decker, Esq.