If a fee simple absolute warranty deed was issued from grandfather to granddaughter in her name only,does her husband have to sign the deed?

My great-grandfather signed a warranty deed conveying ownership of 1300 acres of land to my mother. She wants to deed it to me, however, she was married and my father’s name is not on the deed. Will the deed be valid if he does not sign the deed or would it be nullified if he signed the deed? In AZ.

Asked on November 26, 2011 under Real Estate Law, Arkansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your great-grandfather gave your mother a deed to 1,300 acres in fee simple absolute as a gift and your mother's name only is on the deed, then the transfer from your great-grandfather to your mother was a gift and your father has no interest in the property.

If your mother wants to transfer the property to you, your father does not need to sign it. However, before she does this, I suggest that she consult with a tax attorney who practices real estate law. The reason for this suggestion is that there is the good chance that the transfer to you could expose your mother to gift taxes under Internal Revenue Service guidelines if not properly structured.

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