In order to sell a house that is not in your name, you will need to have the legal authority to do so. This means that you will need to be the owner of the property or have been granted Power of Attorney by the owner.
For the deed to be legally binding, it must be: Signed by the grantor (person transferring the property) Signed in front of or acknowledged by a notary public. Recorded in the Recorder of Deeds office in the county where the real estate property is located.
The title is the concept of legal ownership while the deed is the document that proves ownership. Moreover, you can't have a valid house deed if you don't hold title.
One is a document, while the other is a legal concept. When someone owns a property outright, they have both legal title and a deed. However, there are circumstances where you can have one without the other.
– Grant Deed: Common in California, with this type of deed the grantor is declaring their ownership interest and granting their full ownership interest to the grantee (typically the buyer).
The deed must meet the format and content requirements in Pennsylvania law. It should specify the grantor, grantee, and property details. The property description must be legally sufficient - a real estate lawyer in Philadelphia can research the prior deeds and draft an accurate description.
– Quitclaim Deed: This deed transfers the grantor's interest in the property without any warranties or guarantees. It is often used for transfers between family members where the grantor may not want to warrant the current status of title.
While a lawyer is not required to navigate this process, if you feel uncertain about the ramifications or have questions, an experienced estate planning attorney can help guide you through the process.
To change, add or remove a name on your deed a new deed needs to be recorded reflecting the change. Many people think they can come into the office and change the present recorded deed with a form, but that is not the case. Once a deed is recorded it cannot be changed.