Transferring Deeds On Inherited Property

Added June 3, 2006 by Ilyce R. Glink and Samuel J. Tamkin

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Summary: To divide multiple properties acquired through inheritance, the owners will have to have new deeds drafter. Each partywill have to sign each new deed, but the "grantee" on the deed will become the official new owner. Don't forget to hire an attorney to help you in drafting the deeds and in making sure that they get recorded with any additional documentation that is required of you.

Q: When my father died, he deeded four rental properties to both me and my sister.

My sister's name and my name appear on each deed. We want to split the properties up and put them under our individual names. What is the best way to transfer deeds into an individual's name when two people are listed on a deed?

A: If you and your sister inherited four properties, you need to have four new deeds drafted. You and your sister will sign each of the deeds, but you will be the grantee on two of the properties and your sister will be the grantee on the other two.

In the end, you will own two properties and your sister two. Don't forget to hire an attorney to help you in drafting the deeds and in making sure that they get recorded with any additional documentation that is required of you.

You may have transfer tax documents to file along with tax issues arising from the transfer. You should also talk to your accountant about your plans to make sure you don't fall into any income tax traps through the transfer of the properties.

Published: Jun 3, 2006

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