My parents divorced years ago, and my dad kept the house in the divorce but left it in both his and my mom’s name. Now, my mom wants to transfer the deed to me after my dad passes away. Is this something she can do legally in Oregon?
I’m no expert, but I think it depends on how the deed is written. If they were joint tenants with right of survivorship, the house would automatically go to your mom when your dad passes. If it’s tenants in common, your dad’s share would have to go through probate first.
@Danielle
Yeah, that’s what I was thinking. If it’s tenants in common, probate could complicate things. Best to check the deed details.
Denny said:
@Danielle
Yeah, that’s what I was thinking. If it’s tenants in common, probate could complicate things. Best to check the deed details.
I’m not sure about the deed type, but I’ll look into it. Thanks for the advice!
My dad’s will was a mess and had some similar issues. We had to go through probate to get everything sorted out. Might be worth checking with a lawyer.
Beverly said:
My dad’s will was a mess and had some similar issues. We had to go through probate to get everything sorted out. Might be worth checking with a lawyer.
Yeah, probate can be a pain. Hopefully, it’s straightforward for you.
I’m not totally clear on all the legal stuff, but I think if your mom is still on the deed, she can transfer her part without probate. Might need to pay some taxes though.
Keller said:
I’m not totally clear on all the legal stuff, but I think if your mom is still on the deed, she can transfer her part without probate. Might need to pay some taxes though.
That’s what I thought too! Just wasn’t sure if there were any catches with tax stuff. Appreciate the info.
I had a similar issue where my ex was still on the house deed. It was a hassle to get it all transferred, but it worked out eventually. Be ready for some paperwork.
Reign said:
I had a similar issue where my ex was still on the house deed. It was a hassle to get it all transferred, but it worked out eventually. Be ready for some paperwork.
Ugh, paperwork is the worst. At least now I know what I’m getting into. Thanks for sharing your experience!
Just FYI, if your mom was supposed to transfer the deed as part of the divorce agreement and didn’t, that could cause problems even after your dad passes. A lawyer could help sort that out if it comes to that.
@Nina
Yeah, sounds like it might get tricky. But hopefully, it’s all smooth sailing if she’s transferring her share to you directly.