Can I Quit Claim my Property to my Daughter even Though my Deceased Husband’s Name is on the Deed?

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“My deceased husband is still listed on my property ownership, I do not have a mortgage, It is fully paid off. I want to quit claim my house to my daughter so when I die the Property will be hers. Can I do that without his name being mentioned on the quit claim deed?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

You probably cannot do this directly. However, some states have an abbreviated procedure for transferring property between spouses, without having to open a full-blown probate. You should consult with a probate attorney to see if this is available in your case.

Once the property is in your name, of course, you can do with it what you like. However, you should be aware that transferring the property during your lifetime may have unwanted tax consequences. Depending on your situation, you may be better off giving it to your daughter by will or trust.

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Author: House Attorney

A house attorney has answered this question.