[WSBARP] Single Woman grants interest in her home to herself and her married girlfriend as JTWROS - How to Clear Title Back into Single Woman

[Dwight Bickel]

A title company should be willing to ignore possible spousal interest as long as X and X's spouse are domiciled in a state without community property. If the conveyance to X was a gift, then presumptively separate property. There is no requirement for the grantor's deed to state "as her separate property." To assist acceptance by the title company and future purchaser/lender, in the quitclaim from X back to client, the deed can recite: "[X Name], who is domiciled in the state of [non-CP state], a married person as her separate estate, to rescind the prior gift from [Client name as grantor recorded [date] as [AF number]." It would also assist if the deed from X includes at least Bargain and Sale Deed warranties of title that would warrant against a claim by X's spouse, but such a situation usually has no bargaining position to ask for more than a quitclaim deed. Ask for a title company to search for and alert you to possible interests in the title that occurred while X was in title, because the contemplated deed does not affect other rights, such as a judgment or tax lien against X.

Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at DwightBickel.com<mailto:Dwight at DwightBickel.com>
https:/dwightbickel.com
206-484-1976


________________________________
[https://secureimages.mcafee.com/common/affiliateImages/mfe/logo.png]<https://home.mcafee.com/utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient>
Scanned by McAfee<https://home.mcafee.com/utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient> and confirmed virus-free.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210527/5ec64335/attachment.html>