Can I sell my house without having my husband's name removed from the title if I am a survivor of tenancy by entirety? 2 Answers as of June 01, 2016

Can I do a quick claim to my son without removing my husband's name (consider the fact that there is mortgage on the house)? Can I do that for my second home (investment house)?

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Shimberg and Crohn, P.C. | Jonathan Shimberg
If your husband has died, a joint tenancy affidavit along with his death certificate should be either given to the title company if there is a sale or recorded to show a clear chain to title to you. You could then sell the property or quit claim the real estate to whomever you wish.
Answer Applies to: Illinois
Replied: 6/1/2016
Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
Your deceased husband is on title right now. If you transfer the house in a sale your husband would have to sign the deed as one of the joint tenants. He is unable to sign the deed so you would record an affidavit of deceased joint tenant to explain why your husband is unable to sign the deed transferring the property. If you try to transfer only your interest in the property to your son that would introduce a third party to the title and trigger the due on sale clause in all mortgages. This is just as likely to cause the lender to call the mortgage due as recording an affidavit of deceased joint tenancy. If you are a co-borrower and continue to make the mortgage payments the lender is not likely to take any action unless a third party is brought into title.
Answer Applies to: Illinois
Replied: 6/1/2016
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