Capitol Heights, MD asked in Real Estate Law for Maryland

Q: My house is in my and my ex-wife's name. She wants to take her name off the deed and replace it with her son/my stepson.

I am totally in favor of doing this. Is it possible to do this? If so, how should it be done and what costs would be involved? Based on our divorce agreement I have majority ownership, and there is still a mortgage on the house that has about 8 years remaining.

Thanks.

Related Topics:
1 Lawyer Answer
Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Crownsville, MD
  • Licensed in Maryland

A: Yes, it is possible. My firm does family deed transfers regularly. Each firm sets its own fee, but there is the attorney fee for the deed and the government recording fees ($60 per recording, some counties/jurisdictions have an additional lien release fee).

Maryland law exempts transfers from either parent to child or spouse to spouse from transfer/recordation taxes. Care needs to be taken in setting up and one would likely want an affidavit outlining the exemption but it is definitely do-able.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.