How do you want to hold title? - Posted by Michael Morrongiello
Posted by Michael Morrongiello on October 01, 2000 at 22:42:53:
Since your brother and your father currently hold title together jointly right now, both of them would have to convey their interest in the property to you IF you wish to have 100% ownership of the property.
However if you simply wish to have your brother deed out to you his undivided 1/2 interest, then ONLY he needs to execute that deed to you. Please bear in mind though that you will now own an undivided 1/2 interest in the property with your father.
If you want SOLE ownership then you must pursue the 1st
option outlined where BOTH your father and brother deed out.
Also note, it may be wise to have a title company do a name search, on both your brother and Father, to make sure they are no outstanding liens, judgements, etc. that might muddy up their transfer of title to you.
To your success,
Michael Morrongiello