Deeds & Conveyances

Yes. Generally, a quit claim deed can be executed and recorded without having to pay back property taxes. This is different than issuing a warranty deed, where the county register of deeds will require all property taxes to be paid current before recording.

It depends on what type of warranties and assurances you wish to receive from the seller and what representations you wish to make to the buyer. You should first have a property title search reviewed by a competent real estate attorney as this definitely helps in your decision.

If you have a half interest in a home as tenants in common with another owner, you can sell your interest without the other owner’s permission. Or you can also file a partition action that requests that the court to order that the home be sold and that the sales proceeds be split in accordance with your legal interest.

The only way you can be removed from the deed is either with a court order or by your own endorsement.

First, how does the deed list your mother’s interest? Is this a Quit Claim Deed? A Warranty Deed? A Covenant Deed? A Ladybird Deed? Second, does she want you to hold it Jointly with Rights of Full Survivorship or as Tenants in Common? If you don’t draft deeds on a regular basis, it is probably best to use a real estate attorney to properly convey title to a property. That way you know it is done right and there are no far reaching legal or tax consequences.

In the event of a break up, it’s important to have an agreement at the onset that addresses how the parties will split sales proceeds or specifies when a property is to be sold or refinanced. Real estate attorneys create these agreements in advance BEFORE you sign a deed or purchase a property.