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Old 01-01-2008, 07:42 PM
 
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my mom and dad haven't been together for 16 yrs. In their "d" my father gave up his half of the house. She lives in N.Y. . Is it too late to take him off the deed and does she need him to sign anything? how long does it take to do this?
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Old 01-01-2008, 07:46 PM
 
Location: Gilbert - Val Vista Lakes
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Quote:
Originally Posted by CAVALLERI View Post
my mom and dad haven't been together for 16 yrs. In their "d" my father gave up his half of the house. She lives in N.Y. . Is it too late to take him off the deed and does she need him to sign anything? how long does it take to do this?
If he's on the deed, he must sign. I don't know about NY, but in AZ he would just give her a Quit Claim Deed, which means that he gives to her all of his interest in the property. She may be able to just go to a title company and do that, or to the county recorders office.
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Old 01-02-2008, 08:40 AM
 
Location: Palm Coast, Fl
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Speak with an attorney. It's important to have all of the bases covered. It's quite possible if it's decreed in the divorce that there will just need to be paperwork filed that does not require his signature since the divorce is signed. But an attorney is the best to advise you about it. You might just want to call the attorney that handled the divorce to begin with.
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Old 01-02-2008, 11:03 AM
 
Location: Just south of Denver since 1989
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You need to have mom speak with a tax attorney. It is my understanding, if she is wanting to sell, ex-hubby can claim a part of the $500,000 gain exclusion, if he is still on the deed.

I don't know what the gain is, or if she is thinking of selling...Publication 504 (2007), Divorced or Separated Individuals
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