How do you remove deceased spouse's name from the title to your house and car?

 


Transcript: Attorney Tom Olsen: Alan, you're on WDBO. Go ahead. Alan: Hi, Tom. Good morning and thank you again for the service you provide to the community for so many years. Attorney Tom Olsen: You're welcome. Alan: It's most appreciated. I have a friend whose wife recently died. He's not terribly savvy with what's going on but he does know that the house is in her name and in his name. The car is in his name and her name. I want to try to help him how to get his wife off both of those pieces of property. Attorney Tom Olsen: Well, if we looked at the deed to the home, it's got both of their names, it identifies them as a married couple. That means the only thing he needs to do is to record her death certificate in the public records of the county where the home is located. That old deed showing the home and both her names together with her death certificate will tell the world that he is now the sole owner of that house. As far as the car title is concerned, he could leave that in both names. If he really wants to get it into his name only, he would go down to the tag and title office with her death certificate and they'll retitle it into his name only. Alan: Excellent. Thank you very much. I appreciate your help. Attorney Tom Olsen: Now, that's going to require that he have the title and that's going to require that the car has been paid in full. If the car still has a loan on it, he will not be able to do that until the loan's been paid off and he's got the car title. Alan: Wait a minute now, you're saying that-- It's not paid off. Is there any way he can get the wife off and leave himself solely responsible? Attorney Tom Olsen: On the car title? Alan: Yes. Attorney Tom Olsen: He cannot change the car title until the car has been paid off because he doesn't have the car title, the lender's got it. Now that she's passed away he can just leave everything as is. He doesn't have to change the car title but if he really wants to, he's going to have to wait till it's been paid off, he gets the car title in hand then he can go down to the tag and title office. Alan: All right, fine. Thank you very much. I appreciate the help. Attorney Tom Olsen: You're very welcome, Alan. Thanks for calling.