Flipper/Rehabber · Lake Mary, FL · Member since 2011 · 28 posts · 6 votes
So I have a seller who wants to sell his house BUT it's in his wife's name who passed away 2 years ago. He said he has the right to sell it. I haven't experienced this yet. Is there anything I need to look out for or put in the contract? What do I need to do in this situation?
Probate is the normal path, but not the only one. If the deal is attractive, the solution can be as simple as getting a quitclaim deed from the seller (granting you all her interest in the property, if any), and then renting it out for a couple of years until you can quiet title in your name, against all others, under the legal doctrine of adverse possession. California has one of the shortest Adverse Possession periods (5years) in the country for those with "Color of Title". You're already halfway there. 5 years after the spouse's death you could file a quiet title action asking the Court to grant you title to the property.
You would be wise to review the California Statute for Intestate Succession, and to consult with a title company to ensure that no other heirs have a right to the property.
So I have a seller who wants to sell his house BUT it's in his wife's name who passed away 2 years ago. He said he has the right to sell it. I haven't experienced this yet. Is there anything I need to look out for or put in the contract? What do I need to do in this situation?
Get it under contract subject to marketable title, then get the contract into escrow and get the title report rolling. Title will let you know and the seller what they need. Could be as simple a death cert and some kind of affidavit. Could be as complicated as a full blown probate case. Let title do the work.
So I have a seller who wants to sell his house BUT it's in his wife's name who passed away 2 years ago. He said he has the right to sell it. I haven't experienced this yet. Is there anything I need to look out for or put in the contract? What do I need to do in this situation?
Get it under contract subject to marketable title, then get the contract into escrow and get the title report rolling. Title will let you know and the seller what they need. Could be as simple a death cert and some kind of affidavit. Could be as complicated as a full blown probate case. Let title do the initial work and ask for what they need.
having the same problem in California customer wants to sell but husband passed away a couple years ago and she was not on title. There was a trust but this particular property was inherited to her past husband and was never put into trust. She thinks she can sell this property with out going through probate because he left everything to her in his will. Has anybody had anything like this before ??
Probate is the normal path, but not the only one. If the deal is attractive, the solution can be as simple as getting a quitclaim deed from the seller (granting you all her interest in the property, if any), and then renting it out for a couple of years until you can quiet title in your name, against all others, under the legal doctrine of adverse possession. California has one of the shortest Adverse Possession periods (5years) in the country for those with "Color of Title". You're already halfway there. 5 years after the spouse's death you could file a quiet title action asking the Court to grant you title to the property.
You would be wise to review the California Statute for Intestate Succession, and to consult with a title company to ensure that no other heirs have a right to the property.