Answers.com > Wiki Answers > Categories > Law & Legal Issues > Estates > How do you vest title to real estate in the name of husband and wife?

Other contributors have said "How do you vest a deed in the name of husband and wife?" is the same question as "How do you vest title to real estate in the name of husband and wife?" If you believe that these are not asking the same thing and should be answered differently, click here

How do you vest title to real estate in the name of husband and wife?

In: Estates, Deeds and Ownership, Real Estate [Edit categories]

Answer:

A deed conveying real property to husband and wife should grant the property to them as tenants-by-the-entirety. That form of ownership is reserved for legally married people and has special benefits and protections. The survivorship rights of one co-owner in a tenancy-by-the-entirety cannot be severed by the other co-owner. The property cannot be partitioned as long as the owners remain married. A Judgement of Divorce automatically converts a tenancy-by-the-entirety to a tenancy-in-common in most jurisdictions.

The deed should be drafted by an attorney.

First answer by Kluss. Last edit by Kluss. Contributor trust: 692 [recommend contributor ]. Question popularity: 1 [recommend question].

[report abuse]

Can you answer these Estates questions?

	What if a beneficiary purposely ignores an estate lawyers request for information to finalize a trust?	Answer it!
	Is the members of an irrevocable trust liable for debts of the trust?	Answer it!
	What is the most famous charity?	Answer it!
	What is the estate executors fee in Delaware?	Answer it!
	Do you pay tax on inherited personal property when you sell it in new york?	Answer it!

Relevant answers:

How can you sell your deceased husband's real estate if the title is not in your name?
The decedent's estate must be probated in order for legal title to pass to his heirs under the provisions in the will or according to the state laws of intestacy if there is no will. You can check...
How do you add a name to a real estates title?
The owner of the real estate grants an interest to a co-owner by executing a deed naming that person as the grantee. The deed should be drafted by an attorney. Errors in deeds made by...
When can wife claim real property from deceased husband's estate?
The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The...
When does a title to real estate pass?
Title to real property passes upon the death of the owner. However, the estate must be probated in order for legal title to pass to the heirs whether the decedent left a will or not. Title to real...
How does a wife apply for her husband's estate when there is no will?
The wife must file a petition in the probate court to be appointed the Administrator of her husband's estate. Once appointed she will have the power and authority to settle his estate under the...