What happens to a quit claim deed when a spouse dies? It all depends on the type of deed transfer and their estate plans.
Q: What happens if you and your wife own a home through a quit claim deed and the spouse dies? We live in the State of Maine.
A: A quit claim deed transfers any interest that the seller owns in a property to the buyer, and it is one of a number of types of deeds the seller could use.
But the form of the deed that your seller used to transfer title to you doesn’t generally matter when it comes to how you own your property. The key is not the form but the language in the deed. You can have a warranty deed or quitclaim deed convey title to you as joint tenants or tenants in common or several other ways.
For purposes of discussion, we’ll focus on two of the most common ways to hold title: tenants in common and joint tenants with rights of survivorship.
If you take title to a home as tenants in common, you likely are equal owners of the property. This would mean that you and your wife own each own a 50 percent interest in the home. If you die, your wife would only get what she’s entitled to by law or by what you’ve decreed will happen to your property in your will. If, on the other hand, you take title to the home as joint tenants with rights of survivorship, you both are equal owners of the home, but if either of you die, the other becomes the automatic owner of the whole property.
These rules generally hold true in the entire United States. If you have a copy of your quit claim deed, you can take a look and see if it says either of the following: “To have and to hold as joint tenants” or “grant and quitclaims as joint tenants.” If the deed has this type of language, you and your wife owned the home as joint tenants with rights of survivorship. That would mean that upon the passing of your wife, you became the sole owner of the home.
If you own a home as joint tenants, even if she had a will stating that something else should happen to her half of the property, the way you own title to the home will override other legal documents. So, if you own as joint tenants, you automatically get full title to the home upon the death of the co-owner.
On the other hand, if you own title as tenants in common, your deed may have language that reads as follows: “to have and to hold as tenants in common,” “to have and to hold Husband as to a 50 percent interest and Wife as to a 50 percent interest,” or if the deed simply says “grant and quitclaims to husband and wife,” you and your wife would each own equal shares in the home. Upon the death of either of you, probate court would look to a will to see who would receive the decedent’s interest in the home. But the surviving spouse would not automatically wind up with the ownership of the entire home.
Let’s say your wife has a will and deeds her interest in the home to your kids. As her husband, you might be entitled to half of her half interest in the home (or, one-quarter) and your kids would get her other half interest in the home. There can be a number of different permutations on how her half interest in the home might get divided, but at the end of the day, you might end up owning your half interest plus some additional share of the home, but not all of it.
Question: I’m getting a divorce and my husband has agreed to sign a quit claim deed. I understand it gives him no rights to the property, however it still makes him responsible for the loan in case I default. When the quit claim deed is signed and recorded and I’m living in the house and something happens to me I would want my daughter to get my house. Does my ex-spouse have any rights to the house because his name is still on it?
Nancy,
If your husband (soon to be ex) signs a quit claim deed, then he transfers over his ownership interest in the property to you. He will still be on the mortgage, but that’s won’t give him any ownership rights to the house. It’s actually the worst-case scenario for him (where is his divorce attorney, I wonder) because he gives up ownership while still retaining legal responsibility for paying the mortgage in full.
But, you didn’t write about him. You wrote about you. So, things sound good for you, but make sure you write a will (plus a living will and powers of attorney for health care and financial matters) and be sure to have the discussion with your ex about what you want to have happen to your daughter (is he the father? Let’s assume not for the moment) should you die unexpectedly. If it’s your daughter alone (assuming there is no other dad), then you should name a trusted guardian to help out until she turns 18.
Good luck. Be sure to talk this over with an attorney before you agree to a divorce settlement.
Ilyce Glink, Publisher
ThinkGlink.com
My spouse and I were given a quit claim deed from my brother. It doesn’t state joint tenancy, just our names. If one dies dies other take ownership without probate?
My mom signed a quit claim on (their) my parents’ conjugal property. My dad passed away recently. What happens to the property? Who has the right of survivorship to it?
I have the same situation as Jonathan M and I’m in California…Mom signed a quit claim deed releasing interest to my dad. Does the property go to who he left it to or to mom since original grant deed is joint tenancy with right of survivorship?
I am in the process of filling out a quit deed for the state of Maryland to remove deceased husband. On our deed we have joint tenants and my name is at top. I am not sure do I enter my deceased husband and my name as grantors or do I enter my name as grantor and grantee?
Hi Cynthia:
Why are you filling out a quit claim deed? Probably not necessary. Does the state of Maryland require it for some thing in particular?
Ilyce
When I got a divorce it says in the divorce decree that I give up my interest in that property but I never signed a quit claim deed now my ex passed away am I entitled to that real estate?
My husband’s mom passed away some years ago and there was a joint will which left all property to her husband who is the step-dad to her six children. The six children were listed by name to receive equal share of all property after deaths of both mom and the step-dad..We are dealing with a quit deed issue in which my husband’s stepfather left one of two homes to one daughter. Both homes were bought by their mom and step-dad before her passing. The daughter that the home was quit deeded to actually prepared the deed. She lives on welfare and is an alcoholic but that is beside the point. Will the quit deed stand after the step-dad passes away?
Vicky,
It’s difficult to know because if the stepfather was the sole owner of the properties, it’s likely within his right to give them to whoever he wants or sell them. He does not need to abide by the terms of the will, which only goes into effect upon his death.
If your mother-in-law left her share of the properties to jointly to her husband and her six children, that’s probably another story. An estate attorney could help make some sense of what’s going on.
Good luck,
Ilyce Glink, Publisher
ThinkGlink.com
My parents transferred ownership of farmland and their home through Quitclaim Deed to me and my 3 siblings in 2008. My father passed away in 2009. Prior to using the quitclaim deed to transfer ownership, my father refinanced the farmland for living expenses. The land was then rented and it was stipulated that the rent would be used for my parents living expenses. They were responsible for paying all taxes on the land and home. My mother recently passed away. She was receiving money from the rent all up until she passed away. There is debt remaining on the refinance. Does this debt pass on to myself and my siblings since we are on the deed or does the refinance debt pass on to my parents estate?
My dad passed in 2005 and I was added to the deed to the house by my mother as joint tenants. In 2015 together we sold the property and deposited the proceeds in a joint account.
I have not touched what is my half of the proceeds. For a 5 year look back by Medicare or nursing homes can I move my half without her being penalized ?
Good Morning I have an question to ask. i been marriage for 12 years my wife die. she brought the house is separate property? Can i file for a is quitclaim deeds on separate property? 504-236-2501
My Parents owned a home and land my Dad died intestate in 2014 nothing was done with the property until 2021 my Mom quit claimed the property to me and 2 siblings, but left off my sister. Probate was not filed so nothing was done to the title. Did my Mother quit claim only her share ? Mom died in May 2021 both died intestate no will !! What is the proper way to get the title cleared and what about the sister that was not on the quit claim. Does she file an affidavit of heirship ?
My father in law put my daughter name on a house. He passed away year ago she is only 17 and now her step grandma is wanting her to sign her name off the house . What should we do?
I’d hire an attorney. Do not sign over the house to anyone until you have thought through all of the ramifications.
If a step dad was quick claim deeded a house, that only had my mothers name on it, she died and he is now owner of the house. She had 2 daughters and a grandson, Tge step dad just remarried and gave her the house. Open her passing, her son will get my mothers house. We are all furious over this! Is there something that can be done?
Bari,
Probably not. If I understand correctly, your mom owned a house and gave it to your stepfather. Your mom then died (condolences!). He owns the house. He remarried and gave the house to his new wife. That would mean you and your siblings are out of the picture, which is unfortunate. The only way to challenge it, if you can, is if the quit claim deed wasn’t properly filled out or was fraudulently filled out or filed. You’ll need the help of a great real estate attorney to help if that’s a possibility.
Good luck.
Hi
Back on 2008 when me and husband bought a house in WA(community state), my husband signed a quit claim deed and only my name is on the title. But now I would like to add him to the title, hoping to establish the community property, for purpose of double step up basis if one of us die. Do we need to sign another quit claim deed from me to (me & him)? even we are in community state? Thank you.
Lin, if you die, your husband will inherit your entire estate tax free. If you are trying to establish a step-up basis for your kids, there are better ways to do that. An estate attorney can help.
My husband died here recently, both of our names are on the house deed. The house is not paid off yet and I was wondering if I could file a quick claim deed to have my spouse’s name removed and my son’s name put on at this time.
Christiann, for a handful of reasons, we’d prefer for your son to inherit your house rather than give him half by listing him on the deed. You should make sure that you write a valid will naming him as beneficiary. Don’t worry about removing your husband’s name. As long as you received his half of the property upon his death (assuming you held title as joint tenants with rights of survivorship), you should be fine.
My condolences on your loss.
Hi, I have a question. My mom and dad got separated like 18 years ago and my dad sign a quick deed to her on the house they both got when they were together. Now my mother passed away and we (me and my brother) are selling the house. Can we sell the house without needing he’s signature? Can the deed be revoked being that the deed was for my mom but she is no longer here. Also FYI mom didn’t leave a will.
Amy –
You’ve got a little research to do. If your father signed over a quit claim deed, but didn’t record it, the name on the property might never have been switched over to your mom. So, your dad would still own the house. You can go to the local title company (or go online) and see if your mom is listed on title as the owner. If she is, then you and your brother will need to go to the local probate court, and file to become the administrators of the estate. You can’t sell the home without probate unless you are on the deed as well. You will need to go to court and proceed that way. If your mom was never on title, and your father is still the owner, then you cannot sell the house. You likely don’t have any rights to it unless your father dies and either leaves you the property in his will or a court will grant you some portion (perhaps all) of the property as part of settling his estate.
You can talk with an estate attorney who can guide you through the process, which is typically time consuming and can be expensive. good luck.
Hi, when my mother and I bought a house together we were told my mothers husband had to be put on the deed (not the mortgage). A few years later he moved out and we filed a quitclaim deed where he gave up his rights to the house. Before my mother and her husband filed for divorce he passed away. Now we are being told we need to enter probate because, his daughter has a right to half of his 1/3 of the house even though we filed the quitclaim deed? How is this possible? He did not leave a will.
Jackie:
You wouldn’t have to enter probate. But his estate would have to. If the quitclaim deed wasn’t filed correctly, then his ownership of the property might have not transferred. If you have proof that the ownership of the property was transferred correctly, be sure to bring it to an attorney who can help you. It sounds like your mother and stepfather were still married, and if he didn’t have a will and if the property wasn’t titled jointly with rights of survivorship, then his daughter might have a claim. Please talk with an estate attorney who can help.
My husband and I separated five years ago. He bought a new house. I never lived in the house. I signed a quick deed. The deed said Sole owner. He died in 2020. I then sign a form saying that I waived my right to the Property and our daughter would be Head of the estate. Now a lawyer for a creditor wants me to sign another quick deed can you tell me why?
Martha,
Without knowing more of the details, its difficult to say. When you signed a quit claim deed originally, he was buying the house as a sole owner. But, you were still married. So, legally, you might have been entitled to some or all of the property, depending on the state in which you live. Then you signed another form (what was that one?) that waived your interest in the property. But, perhaps that document didn’t dispose of all your property rights. You should speak with an estate attorney who can make sure that everyone receives what was intended.
Good luck,
Ilyce
My stepfather was diagnosed with Alzheimer’s and my mother with dementia. Due to several issues, my Mom entered a memory care center in their home state of Montana and my stepfather’s sister moved him to Washington State to live with her. They were married for over 41 years until his death in 2022. He had no children and no will. His niece had him fill out a quitclaim deed to leave his property to her. My Mom was not on his deed but isn’t she entitled to something?
Kris,
It depends on what happened to the quit claim deed. If your stepfather owned the property outright and on his own, then he may have had the right to fill out the quit claim deed and deed the property to his niece. Or, if he had Alzheimer’s, then he may not have been legally able to fill out a legal document. If that’s the case, your mother (or whoever holds her power of attorney for financial matters) may be able to file a case on her behalf. Please talk with a local estate attorney, one who understands Montana case law.
Good luck.
My parents were divorced in the 80s. My mom was supposed to pay my father 45% of the home value and he was supposed to sell two other pieces of real estate with the proceeds held in trust for my college. None of these things happened as he would not sign the quit claim nor sell the property as he felt it was his ancestral right. If she brought it up he’d get irate, threatening, etc. He died intestate last fall. He had no money and no real assets, but did have an unsecured bank loan. Since the house is still in his name and the bank is claiming is part of his estate.
We were instructed to have my mother file a creditor’s claim against the estate to remove the house. As administrator, do I file for modification of the original divorce decree or something else? My mother paid for a portion of my first two years of college, but not all, which the sell and trust would have been enough to cover. I suspect she will have to pay the estate something, but an appraisal was never done in 86′ and he sold the other properties decades ago. Further, she will say/feel she shouldn’t have to pay since he didn’t pay child support and I lived with her. He had very little money and I won’t even recoup about 5K from the funeral costs, so I’d prefer not to have to involve a 5-10K lawyer. Any advice would be appreciated. Thanks!
My mother quit claimed a cemetery plot to my brother forty years ago. Both are now deceased and he is buried elsewhere.
I have a copy of the deed.
Do I need to do anything to be able to use those lots.
David,
Call the cemetery office and talk to them about what their process is for using the plots. Provided you have the deeds, you should be fine. But there may still be some costs for burial. And, cemeteries often change hands, so whatever preservation or plantings your mother may have paid for then, if she did, may no longer be in force. The cemetery office can tell you more.
Hi, I am still married. But due to conflict and level of controlling my husband had on the house we both purchased, I thought i made the mistake giving my saving to him to buy the house I was living. At one point, I decided invest a small property on my own for security. But, I was on the deed and my loan was not processing. So I gave quitclaim deed and it was recorded too. Then I had change in my job and had to relocate to different state and living away from husband and filed tax separately. So far, I didn’t buy a house yet. But, my husband wants to write estate planning and he excluded me from everything and indicated my both kids gets 50/50 upon his death and every other single category he mentioned both kids. My first son is over 21 and second is 8 years and staying with me. He just takes care of daycare and nothing else. I am so worried about the estate plan he is writing. I invested all my saving and earning into my kids and took care house expenses while working and gave my saving when we made down payment. Finally, I am not anywhere in the picture. I am feeling insecure and lost. He don’t want to change the quitclaim or write new joint one. How do i make sure my life is taken care too. I know it’s long post. Hoping someone will answer
Lisa,
You need the kind of help a killer divorce or estate attorney can provide. Please go and talk to someone who can help you figure out where you stand financially, what you own and how to protect it. If I can help further, please let me know. Good luck. And, take care of yourself.
Wife bought house in California in her name only and loan is in her name only. Husband signed a quitclaim. Husband just passed away. What happens to the basis of the house.
Thank you,
Hank,
If the house is in her name only and the loan is in her name, then the husband’s quitclaim deed doesn’t mean anything. Unless I’m missing something. The basis is still the price the house was purchased at plus any material improvements the wife made to the property while sehe has owned it.