If my name is on the deed of my parent’s house, do any changes to this deed need to go through me?

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If my name is on the deed of my parent’s house, do any changes to this deed need to go through me?

Years ago I helped my parents move to a new house by co-signing their loan for the house. Because of this my name was placed on the deed to the house. We recently refinanced the house in my father’s name because he is now able to qualify himself. My name is now off of the loan, but we filed a quit claim deed for the house that put my name on the deed along with my father’s. We did this so that when my parents pass away ownership of the house will transfer to me. I want to make sure that with this deed filing I will legally have to be notified/provide consent for any changes to the deed.

Asked on August 10, 2011 Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have described, you are on legal title to your parents' home but by way of a quitclaim deed where somehow your father is also on legal title to the home with you. I presume your mother was the one who quitclaimed her interests in the home to you since you hold title to it with your father now.

If the goal of you and your parents for the recent deeds was to have you obtain legal title to the home whn they pass by virtue of the way title is held presently to the home, you need to change the way title is held to the property as follows: "joint tenants with the right of survivorship" where you and your father hold title to this home as joint tenants.

As to changes to current title to this property needing your approval in the future, since both you and your father hold title to the property apparently as tenants in common, your father can transfer his interests to whomever he wishes to the property.

I suggest you consult with a real estate attorney regarding how title to this property is currently held and what you and your parents wish to accomplish.


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