Is spousal consent required to transfer real estate?

UPDATED: Aug 2, 2011

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Is spousal consent required to transfer real estate?

Father and son own real estate jointly. Originally owned by father alone, then transferred to father and son. Father is single, son has been married since before transfer to both names. Now they want to transfer back to father’s name only. Does son’s wife have to give consent?

Asked on August 2, 2011 Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If a father and son own real estate jointly and no one else's name is on record title to the real property, spousal consent of the wife of the son is not required for the son to transfer legal title of the son solely into the name of his father.

However, most good real estate attorneys in order to make sure that there are no future problems by the son's wife claiming some entitlement to the real property would have the wife sign a quitclaim deed to the father releasing all interests that she might have in the property intended to be transferred back solely into the father's name and recording the quitclaim.

By doing this, the father does not have to worry about the son's wife making and future claims to the real property that is solely in his name.

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