If the quitclaim certificate is valid, does she get anything? There was no will. There are four adult children from his previous marriage. I’m trying to help her understand her choices.
A: A: I’m sorry I lost my friend. Your friend must have had a fairly bumpy relationship with her husband to resign her home to him while they were still married. Such actions fly in the face of traditional knowledge and financial management.
So your friend gave her husband a certificate. Do you know if he recorded the certificate or just kept it? If it is not recorded, it is not valid. Also, on condition of divorce, the certificate seems to have been given conditionally. He died before they divorced, so the certificate is no longer needed and will no longer be recorded.
Given the limited information you sent us, the house could still be the name of your friend. If so, she still owns the house. Some steps had to be taken in order for her house to be handed over to her deceased husband. First, your friend would have had to give him a certificate unconditionally. He should then take the certificate to the certificate’s record clerk or the office that handles the submission of real estate documents for recording or submission.
If he had done it while he was alive, ownership of the house would have been transferred from your friend to her husband. If these steps are not performed, she may still be the homeowner.
Now, let’s say he records the certificate and officially takes ownership of the house. The situation is different, but your friends are not out of luck. You said he died without will. Most states protect surviving spouses. This probably means that your friend may still own at least part of the house.
Many states stipulate that a surviving spouse will acquire half the assets of the deceased spouse. So your friend will own half of the house and her husband’s four children will share the other half.
From your questions and facts, it is likely that your friend will own the property completely or will own half of the property with her husband’s children.
But your question raises an interesting situation: conditional use of a quitclaim certificate.
When your friend gave her husband a certificate, she gave it to him for use in case of divorce. There seems to be no document to show that, but she may have an email or text message to prove it. But the fact that he did not record or submit the certificate (which we assume) makes the certificate suspicious. Due to his death, the transfer of property to him should have taken place during his lifetime, so the certificate was no longer used or recorded.
In real estate, you don’t want to transfer ownership to someone who is no longer alive. The dead are not in a position to receive property, take ownership of property, use property, or retain ownership of property. You can title the home flow from seller to buyer just to kill the buyer before the certificate is recorded. If the home buyer is free to accept the certificate at the time of purchase, the certificate will not be invalidated due to the purchaser’s death shortly after closure.
Your case deals with a quitclaim certificate that the husband did not pay for the remittance, and there was a claim that the certificate was given conditionally, and the certificate was not recorded for the life of the husband. If a third party (the four children of the deceased husband) wants to claim that her ownership is in the name of her husband, they not only deliver the certificate to her husband, but also her husband she You may have to prove that you intended to take ownership of your home. If she does not record or submit her certificate during her husband’s lifetime, her husband’s intentions are ambiguous and the certificate may no longer be valid.
Simply put, if your friend has a certificate, possession of her certificate may be sufficient to show that the husband did not intend to accept ownership.
It is advisable to find the certificate and consult a lawyer in your area.
Ilyce Glink says “100 Questions to Ask First Home Buyers(4th edition). She is also the CEO of Best Money Moves, an app that employers provide to employees to measure and dial down financial stress. Samuel J. Tamkin is a Chicago-based real estate lawyer. Contact them through her website, bestmoneymoves.com..