Legal Question in Real Estate Law in Nevada

Situation:

A married couple bought a house in Nevada after being married. The deed/title was in both names.

Question:

Can the husband put the house in his name with the wife's consent and then sell house in his name only while still married?

Asked on 4/05/13, 11:37 pm

2 Answers from Attorneys

James Smith James E. Smith Ltd.
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He can do that but most title companies are going to require the wife to quitclaim again to the purchaser.

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4/09/13, 1:56 pm
Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.
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The wife certainly can deed her interest in the property to the husband so he can sell the house as sole owner. I am not sure why you would want to consider this, though.

I will take a guess and say maybe it is a short sale that you do not wish to appear on the wife's personal credit history. Are you thinking that perhaps she could sooner qualify for a new mortgage if she was not involved in the short sale? That is interesting strategy, but ownership would not be the consideration for credit history purposes; rather, if both names are on the current mortgage, the short sale would cause a hit on both credit ratings.

If there is another reason for removing her name from the title, we would be interested in hearing it to, perhaps, offer advice on your proposed strategy.

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4/10/13, 6:08 pm

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