Legal Question in Family Law in Ohio

Survivorship Deed vs Transfer on Death

What is the difference and which would be easiest for my son upon my death. Also, I obtained a Legal Separation and my husband's name has never been on the deed (purchased prior to marriage). My Atty stated that my LS document included everything needed regarding the property from any rights to my husband. Due to my husband's unknown whereabouts at the time he was served by publication. My husband never actually signed anything. The fact that the property and the deed were never joint, can I do a Surivorship or Transfer on Death without my son having any legal issues when I'm gone?


Asked on 1/12/07, 12:50 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Survivorship Deed vs Transfer on Death

I don't believe so. There is a step in the middle between joint ownership of separated spouses and TOD to your son. It might be a survivorship deed directly to you based on the fact that your husband is missing or perhaps dead. This would need to appear in the chain of title of the property ownership to avoid problems with future transfers of the property.

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Answered on 1/13/07, 8:40 am


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