Forms of property ownership
Before you transfer ownership of any property, know the kind of ownership being discussed. Some are better handled with specific deeds of conveyance.
Forms of property ownership types include:
- Sole ownership.
A single person owns the property. - Joint tenancy.
Multiple people own the property. - Rights of survivorship.
Multiple people own the property and inherit equal shares after another owner’s death. - Tenants in common.
Multiple people own the property and do not inherit any shares after another owner’s death. - Tenancy by entirety.
Two people own a property, one of whom inherits the entire property after the other’s death.

My Mom wants to give me her home it’s mortgage is paid off what the procedure on transfer of the deeds, also my dad name on the deeds he is deceased can it be remove, I know about the cvt taxes but the home was purchased before 1985, they bought in 1970
Hello Michelle,
Thank you for your inquiry.
(1) Transfer of deeds – First is draft the deed. County register of deeds offices have forms for both a warranty deed and a quitclaim deed. If the transferor has covenants, use the warranty deed form. If the transferor is merely conveying whatever interest, without any guarantees of actual ownership, use the quitclaim deed. Put the date, name and address of both the transferor and transferee. Also give a description of the property being transferred like metes-and-bounds. Both parties must sign the deed in the presence of a notary.
(2) Removal of deceased person on the deed. This varies depending on the type of ownership that your father has: Tenancy in Common, Tenancy by Entireties and Joint Tenancy with the Right of Survivorship
Tenancy by Entireties or Joint Tenancy with the Right of Survivorship – deceased person’s interest passes to the other owner automatically outside of the probate process. All you need to do is to bring a copy of the death certificate and fill out a short form provided at the deed recording office.
Tenancy in Common – you should to consult with a lawyer about probating the estate.
Hope this helps.
Cheers,
Jonathan
If you and your ex wife are bought a home together, but her name is the only one on the mortgage due to better credit. Also, her name is on the special warranty deed while I’m on the quit claim deed as co-tenant. Who has more legal rights?
Hi Tim!
A quitclaim deed neither states nor guarantees that the person relinquishing their claim to the property had valid ownership, but it does prevent that person (the grantor) from later claiming he/she has an interest in the property. Whereas, a special warranty deed is a real estate deed by which the seller only warrants or guarantees the title against defects in clear title that may have arisen during the period of its tenure or ownership of the property.
Take note that these definitions may not be the same all across and some state regulations may have variations. You may want to consult a legal personnel for further advice on this matter.
Hope this helps.
Cheers,
Jonathan
Can a person evict someone if there are two names on the deed ? Does both parties have to sign the eviction notice?
Hi Duane!
There should be two people signing the deed. As per FAQs on this page:
“It can be complicated to remove someone’s name from a property deed when the person doesn’t want their name to be removed. If necessary, you may need to go through partition actions which are lawsuits that force co-owners to give up their ownership interests. However, this can be costly and time-intensive so it’s best to avoid this where possible.”
You may seek legal advice if necessary.
Hope this helps.
Cheers,
Jonathan
Hi Patty,
Thanks for your question.
You may change the selling price of your home provided all the parties agree on it as they will have to sign the quitclaim deed as well. Kindly note a Quitclaim Deed must be notarized by a notary public or attorney in order to be valid. Also for this change to take effect, you would need to register your Quitclaim Deed with your County Recorder’s Office. It’s a good idea to speak to your lawyer whenever you wish to make amendments to the quitclaim deed.
Kind regards,
Liezl
Can I change selling price on quit claim deed when the home has no mortgage?