Legal Question in Real Estate Law in South Carolina

The deed to a house

Hi I want to know if I'm on the deed to a house in south carolina with my father, but my father is deceased how do I go about just having only my name on the house not my father. Remind you that my father bought the house and add my name on the deed. I just want to know how do I go about removing my fathers name off the deed. I also have the death certificate on my father.

Asked on 12/31/04, 9:52 pm

1 Answer from Attorneys

Otto Ferrene, jr. Ferrene & Associates, PA

Re: The deed to a house

Most likely, your father recorded his deed in the Office of the Register of Deeds orThe Office of the clerk of Court in the county in which the real property is located. Contact the proper office and request a copy of the recorded deed. That will tell you if your name is on the deed.

If your name is not on the deed with rights of survivorship and your father has passed away, the property has passed to the devisees according to law or the Statute of Descent.

For instance, if the title is in your name and your father's name without survivorship rights, then his one half share passed according to the statute of devise and descent. His 50% share will pass to his wife and children while your share remains in you.

More information is needed for me to make any other comment. In what county is the property? Where was your father living when he passed? Was your father's estate probated? Do you have any brothers and sisters? Did your father's wife survive him? If you would like further comment, please contact me direct using my e-mail address with the above information.

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Answered on 1/03/05, 4:57 pm

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