Legal Question in Real Estate Law in Washington
Giving up rights to deed
My husband owned his property before we were married. After we were married, we took a morgage and I signed a deed giving up my share of the property. Does this mean, if my husband was to die would the morgage company own the property? Would I have any rights to the property?
1 Answer from Attorneys
Re: Giving up rights to deed
No, they would still only have a secured interest. Your husband's estate would succeed to your husband's property.
You would have some rights to his separate property without a will (see RCW 11.04.015 at ftp://ftp.leg.wa.gov/pub/rcw/title_11/chapter_004/rcw_11_04_015 ), but so long as you decide that you will have no interest in the property, your husband will under most circumstances need a will in order for it to pass to you at his death. Payments using community funds or improvement using your effort may result in your having some claim upon the property even without ownership.
Gary Preble
Olympia
360-943-6960
Gary Preble
Preble Law Firm
2120 State Avenue NE
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