Adding a Person to a Deed Using a Quit Claim Deed

One of the most common incorrect assumptions in real estate is that someone can be added to a deed. If one person owns a piece of real estate and wants to bring on another owner, this means that the current owner would give up their interest in the property to themselves and the other person. Both people would acquire their interest in the property at the same time in the chain of title. The chain of title in real estate has been established so that an interest in real estate cannot be valued by the amount of time an owner has been in possession of the real estate.

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Removing a Deceased Joint Tenant from an Ohio Real Estate Deed

Removing a deceased joint tenant’s (or survivorship tenant’s) name from a real estate deed in Ohio is a fairly simple process. Once the beneficiary or co-tenant obtains an official copy of the decedent’s death certificate, he or she completes an affidavit of survivorship, and presents the information to the local agency responsible for maintaining land records. In Ohio, this is usually the county recorder or fiscal office. When properly completed and submitted for recording along with the copy of the death certificate and any other required documentation, the affidavit updates the ownership information for the property and preserves the chain of title (ownership history).

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Creating Joint Tenancy in a Real Estate Deed

There are three basic ways for individuals to own real estate: sole ownership, jointly with others, and as tenants in common. The type of ownership determines the rights of the individuals on the deed to sell or will their interest in the property, and to dissolve the tenancy. In a joint tenancy, each owner has an undivided share in the benefits and obligations associated with owning the real property.

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The Different Types of Easement Deeds for Real Estate

An easement is the certain right to use another person’s real property for a stated purpose without possessing it. An agreement of this type requires at least two parties. The creation of an easement is handled the same way as other documents of conveyance. Easements can also be written into a deed of conveyance, or may also be transferred with the deed. The three major types of easements are appurtenant easements, easements in gross, and prescriptive easements.

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Community Property with Right of Survivorship in Arizona

Like many western states, Arizona allows legally married couples to own real estate as community property, with or without rights of survivorship. The rules and definitions are set forth at Section 33-431 of the Arizona Revised Statutes. Under this form of ownership, both spouses hold undivided shares of the whole, and when one spouse dies, the survivor gains ownership of the whole property without the need for probate, and both halves receive a new tax basis equal to the fair market value as of the date of death. Otherwise, when one spouse dies, the community property is divided equally, with half going to the surviving spouse and half distributed as directed by the deceased spouse’s will. In case of divorce or annulment, the judge often determines equitable distribution of community property.

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A Contract for Deed vs. Traditional Mortgage

Inability to get financing for a home does not always mean that someone does not have the financial means to pay for the home. This is also a way of extending credit to those who might not otherwise qualify for a loan. In fact, various housing advocacy organizations have used this as a way to help low-to-moderate income families achieve homeownership. In a contract for deed, there are no origination fees, application costs, or high closing costs. Rather than having third-party lenders financing the purchase of a home, the seller finances the purchase in a contract for deed.

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