Changing name on deed?

[michi455]

What is the name of your state (only U.S. law)? NY

My husband passed away 2 years ago. His name and my name are on the deed for our house. I'm considering selling the house and buying a townhouse. Before I sell, do I first need to have his name removed from the deed and get a new deed listing me as the only owner of my house?

 

[HomeGuru]

What is the name of your state (only U.S. law)? NY

My husband passed away 2 years ago. His name and my name are on the deed for our house. I'm considering selling the house and buying a townhouse. Before I sell, do I first need to have his name removed from the deed and get a new deed listing me as the only owner of my house?

**A: yes so get an attorney. Hopefully the tenancy was TE. If not and TC, hopefully the will (if any) did not give his TC interest to another party.

 

[anteater]

I don't want to speak with any authority regarding New York. So, yes, you should check with an attorney before getting too far into the sales process.

But, in several states with which I am familiar, if the property was owned as a tenancy by the entirety, presentation of a certified death certificate would be sufficient to establish your ability to undertake transactions involving the property.