Expert: Dick Dennis - 11/26/2007

Question
My husband bought a home and paid for it in cash but instead of putting the deed in his name, he put it in his mothers name. He no longer wants the deed in his mothers name and wants to put it in his name. I'm just wondering about the process that needs to be done. We live in Texas but the home he had bought is in Nebraska.

Answer
Can't figure out why he would want to do it that way. Now he has to get his mother's signature on a quit-claim deed or on a warranty deed (grant deed in some states). With a grant deed or a warranty deed, the grantor states there are no hidden liens or encumbrances on the property. In other words, there are no debts or holds other than those that are obvious in public records.

The grantor declares that he or she is the owner of the property and has a right to sell it to you. Where as with a quit-claim deed the conveyor makes no such guarantee. For example, I can give you a quit-claim deed to the Washington Monument if you would like.

I suggest your husband take his mother to a REAL ESTATE attorney to make sure you are doing it correctly. I do wish you well.

Dick Dennis             dixiedee13@aol.com