Asked in Real Estate Law for Tennessee

Q: Can you have the names on a deed changed?

My husband and I have been living in his grandparents home for 13 years. They have been deceased for 10 years. We have their deed, but do not know what our legal rights are are. The house is needing work and we are not able to take a loan out because the house is not in our home. What are our options?

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1 Lawyer Answer
Bennett James Wills
Bennett James Wills
  • Brentwood, TN
  • Licensed in Tennessee

A: You need to first determine whether your husband is the sole heir of the property. If his parents are alive, or there are siblings, this will help determine options. Typically, when someone dies without a will, property is passed to the next of kin by statute. The heir files an affidavit of heirship to obtain title. Then you can do what you want with the property. Fix it, sell it, etc. Consult with counsel to review the chain of title and get more info from you to best determine rights and options.

Anthony M. Avery agrees with this answer

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