How To Transfer Real Property
- 1). Comply with the Statute of Frauds. Each state has a statute of frauds. As this statute applies to land contracts and land transfers, the transfer must: (1) be in writing, (2) be signed by the parties, and (3) state all the essential terms of the transaction. The essential terms of the transaction include a legal description of the land and the selling price of the land (if any).
- 2). Deed the property to a grantee. As owner of the real property, you are free to transfer whatever interest in the land you have to anyone you desire. If you own the land outright, you may deed the property free and clear. For a deed to be valid, it must comply with the statute of frauds as set forth above and must clearly identify the grantee (also known as the person to whom the land is being given). A sufficient identification includes the name of the grantee, his or address and, perhaps, Social Security number.
- 3). Will the property to a devisee. Property can be transferred by will or by a testamentary instrument. The devise must comply with the statue of frauds and must sufficiently identify the property and clearly identify the devisee (the person to whom the testamentary gift is given).
- 4). Record title to the land with your state's recorder of deeds. Recording title to the real property will protect your interest against subsequent purchasers. You should record your interest in the land as soon as it is transferred to you.
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