Home Buying in 64468>Question Details

Deewolflvr, Home Buyer in 64468

how can i just transfer ownership of a house from my brother to me?

Asked by Deewolflvr, 64468 Mon Nov 15, 2010

Help the community by answering this question:

Answers

4
I agree with the others, however I would add that you should have a local title company or real estate lawyer do the work for you. To often when it is done with forms from the internet, it's not in the proper format and the county courthouse never records it and the new owner doesn't realize that. It can put a cloud on the title for when you want to sell the property later on. It won't cost much to have it done by a title company. At the same time you may want to consider having them run a quick title search to make sure that there are no liens against the property that your brother is unaware of - for work done to the property in the past (like putting on a new roof), for unpaid taxes, for local assessments (subdivision dues, improving roads, etc). This will help to protect you from suddenly having someone knocking at your door saying you owe them money. If the home has a mortgage on it. Transferring the deed will not get your brother out of the mortgage.
Web Reference: http://www.yourstlhome.com
0 votes Thank Flag Link Mon Nov 15, 2010
You want to do what is called a QuitClaim deed. This is a deed operating as a release; intended to pass any title, interest, or claim which the grantor may have in the property, but not containing any warranty of a valid interest or title in the grantor.

You will need to see a real estate attorney to do this.
0 votes Thank Flag Link Mon Nov 15, 2010
Without much information-- In order to best protect yourself and your brother, consider consulting with an attorney who specializes in real estate for all related paperwork, information, etc.
0 votes Thank Flag Link Mon Nov 15, 2010
One of the most common ways to transfer property from one family member to another is with the quitclaim deed commonly referred to by the misnomer “quick claim deed”. The quitclaim deed is usually the best way to "add" a family member or spouse to the title of a property.

A Quitclaim Deed is a deed that transfers to a Grantee whatever claim or interest in the property that may be held by the Grantor. The Grantor might be a legal owner or the Grantor might never have formally been identified on a deed describing the property.

The Grantor of the deed makes no warranties regarding the quality of their interest in the property or even if they have any interest at all. Specifically, in a Quit Claim deed, no warranty is provided regarding liens, encumbrances or other claims against the property.

A Quitclaim Deed is most often used in gift transactions, transfers to as spouse, or transfers to an entity owned by the Grantor. All that is left is to make sure the deed is properly signed, witnessed, and recorded.
0 votes Thank Flag Link Mon Nov 15, 2010
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2015 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer