What kind of deed should I request, I want to go the Joint Tenants with Rights of Survivorship route.?

Asked by Smex, 44123 Mon Apr 5, 2010

I am purchasing a home to share with my partner. We worked on my credit so that I could get approved and we know that technically it will be considered my house. To "fix" this we want to go the Joint Tenants with Rights of Survivorship route. The paperwork from the title company asks what kind of deed we want and if we want survivorship language included. What do we choose? Is this joint deed something we do up front or do we make these arrangements after everything has been transferred from the seller to me?

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Carl Feldkir…, Agent, Westlake, OH
Mon Apr 5, 2010
You want a "Warranty Deed with Right of Survivorship" containinng the following language "for their joint lives and the survivor of them". This should be done done up front to save the duplicate costs of a new deed and filing charges with the county.
1 vote
Doris & Mich…, Agent, Highland Hts, OH
Mon Apr 5, 2010
First off, the deed has nothing to do with the mortgage. It just pertains to who has rights and responsibilities if something were to happen to to the homeowner. Ask an attorney to explain all the different / pros and cons of each type of deed. I am sure there are issues you have not thought of. Then give the title company your answer once you have decided. This is important so both of you are protected.

If you need a real estate attorney, I know a few. Call me at 440-231-0977
0 votes
Scott Godzyk, Agent, Manchester, NH
Mon Apr 5, 2010
The first thing to note is if the mortgage is just in your name or in both of your names, if the mortgage is just in your name, the bank may not allow it to be in anyone elses name other than yours. if you are buying together, both names on teh mrotgage then yes, you will want a warranty deed and the type of ownership should be jointly with rights of survivorship. You shoudl contact your cloing attorney and they can guide you. good luck with your purchase
Web Reference:  http://www.ScottSellsNH.com
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