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Property ownership changes happen for many reasons beyond buying and selling. Death, divorce, estate planning, and family transfers all require specific legal processes to properly transfer title. Understanding these processes helps families navigate transitions and avoid title problems.

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What This Section Covers

Probate Process

Court-supervised estate administration after death

Inherited Property

Receiving, managing, and selling property from estates

Trusts and Real Estate

Using trusts to hold and transfer property

Power of Attorney

Authorizing others to handle property matters

Transferring Ownership

Deeds, title changes, and transfer methods

Divorce and Property

Dividing real estate during divorce

Buyout Scenarios

One owner buying out another

Removing Names from Title

Taking someone off property ownership

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Common Scenarios

Property transfers through probate, trust, joint ownership survivorship, or transfer-on-death deed depending on how title was held.
Court determines property division. One spouse may buy out the other, or property is sold and proceeds divided.
Requires new deed. May have tax, liability, or mortgage implications.
Requires deed from individual to trustee. Used for probate avoidance and estate planning.
Power of attorney allows designated person to act. Without it, court guardianship may be required.
Buyout negotiations, mediation, or partition action (court-ordered sale) may resolve disputes.

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Key Considerations

Title must be legally transferred. Verbal agreements, handshakes, or family understandings don’t change property ownership. A recorded deed is required. Mortgages don’t automatically transfer. Adding or removing names from title doesn’t change who owes the debt. Lenders must approve assumptions or refinances. Tax implications vary. Transfers between spouses differ from parent-to-child gifts differ from sales. Consult tax professionals before transferring. Title insurance matters. Future buyers need clean title. Improperly documented transfers create problems years later.

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