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


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“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?”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.

Question: 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.