My husband had a house just with the deed only in his name. He sold it to his son in a quit claim. Should I have signed also

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1. Licensed in IL

   

   Erica Minchella

   Skokie Real Estate Attorney

   Contributor Level 14

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   Answered March 27, 2010 10:24. If you were not a resident in that home, it was not necessary for you to sign the deed for a home solely in your husband's name. If you were a resident, you had homestead rights that were not transferred to his son. It might create a title issue, (if you were a resident). It would be the Title Company's obligation to sort this out at the time of a transfer out of his name.
   
   This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

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2. Licensed in IL

   

   Henry Repay

   Belvidere Real Estate Attorney

   Contributor Level 15

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   Answered March 27, 2010 12:00. If this was a home in which you lived, you probably acquired homestead rights in the property which were not conveyed with the quit claim deed. If you did never lived there, your signature was not necessary.
   
   Concerning transfer upon the son's death, unless he already has received good legal advice, I suggest he see an attorney soon to consider the interest in the property and general estate planning.

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