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Re: grant deed

Posted by Rick Harmon on July 02, 2003 at 9:46 PM

In Reply to: grant deed posted by g.castro on July 02, 2003 at 8:58 PM

: I am buying a property from a lady who is married, and who holds title of the property in her name alone. She claims that the husband does not have any interest in the property. However I still have my doubts, and from what I understand, title companies suggest that if there is any doubt about wether the property is separate or comunity property, both spouses should sign the Deed, but how then should I put the grantor? Should I say:

: "Mary Allen and Joe Allen, as husband and wife, hereby grant...? Or
: "Mary Allen and Joe Allen, as joint tenants, hereby grant...?

Most title companies prefer that husband sign a separate QC deed as to his interests. This merely affirms that he makes no claim for spousal interest in the property. Hubby will probably understand this better, too.

However, like I tell all my attorney clients, even a court order from a judge is not the last word when it comes to commercial title insurance underwriting, so call YOUR title company and ask what they're gonna want when you go to resell the property. "It don't mean a thing if title won't swing"

Rick


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