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Should my mother remove my fathers name from house deed ?

Trenton, NJ |

My father had passed and my mother was wondering if his name should be removed from deed. In the event any of his creditors may come after the house when she passes, or does the house go to the remaining children ?

Attorney Answers 3


  1. Best answer

    It is not necessary to remove your father's name from the deed if they purchased the property as husband and wife. Such ownership is called a tenancy by the entirety. Once a spouse passes then that spouses share reverts to the surviving spouse. You should retain a copy of the death certificate to show proof of death when the house is sold. If there was money owed to a creditor and a judgment was obtained against your father then those liens would have to be satisfied before the house could be sold. I would strongly suggest that your mom prepare a Will so that ownership of the property can be administered after her death. A transfer for no or nominal consideration will not wipe out debts to creditors.

    IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-client relationship. The response is intended as general information based upon the facts stated in the question, and is provided for educational purposes of the public, not any specific individual. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are based solely upon New Jersey law.


  2. If they were married at his death...no.

    NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.


  3. You should look at the deed.

    If both your father and mother are named on the deed and their names are followed by "Husband and Wife" or "H/W", then there is no need to change the deed. The words husband and wife on a deed create a tenancy by the entireties which means that your mother owns 100% of the property.

    If the deed only has your father's name, then an estate deed should be filed to transfer the home to your mother.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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