Legal Question in Real Estate Law in Missouri
Change Deed from Brother/Sister to Sister and Sister's husband
My brother's name was added to the deed when my father passed away (I was on it with my father). Several years ago I bought my brother's portion of the house. Am going to refinance mortgage used to do this and want to get his name off of deed (which he as agreed). Can I do the quit claim deed or does he need to do this?
2 Answers from Attorneys
Re: Change Deed from Brother/Sister to Sister and Sister's husband
If I understand your question correctly, your brother will need to provide you with a deed.
Re: Change Deed from Brother/Sister to Sister and Sister's husband
If you and your brother own the property as joint tenants as your post implies, then the preferred way to handle it would be for there to be a quit-claim deed from both you and your brother to you. Of course if you want to hold the property in joint names with someone else then they could be named as a grantee with you in this deed. However, you may need some personal legal advice about the legal consequences of the manner in which you hold title. You may be better off taking the property in your name alone and then doing a Beneficiary Deed to provide for the property passing to someone else upon your death. This would allow you to refinance again, or sell the property, or do whatever you want to do with the property while you are alive. If you are not represented by legal counsel and are located in the Eastern half of the state you may call me for a free telphone consultation at 314-727-2822.
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