Frequently Asked Questions - Property Transfers

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Transferring property refers to the process of legally changing the ownership or title of real estate or personal property from one individual or entity to another. Attorney Paul Moses has helped clients properly and efficiently transfer property ownership countless times over the years. He would be happy to discuss your case and your questions.  Call us at 406.630.3032.

A deed is a legal document that transfers ownership of real estate from one party (grantor) to another party (grantee). In Montana, a deed must meet certain legal requirements to be valid. It is therefore important to consider having experienced legal counsel when contemplating changing or writing a deed in Montana.

Montana recognizes various types of deeds, including general warranty deeds, special warranty deeds, quitclaim deeds, and deeds of trust. 

Adding someone to a deed means including an additional person's name as a co-owner or joint owner of the property thereby granting them legal ownership rights and interests in the property. 

Sometimes, yes.  It is important to review the terms of the mortgage agreement and consult with the mortgage lender before making any changes to your deed(s).

Yes, it is possible to remove someone from a deed after they have been added.  Consider having experienced legal counsel when contemplating changing or writing a deed in Montana, however.

Generally, once a deed is executed and delivered, it cannot be altered or modified. 

Purge this thought from your mind right now!  It is generally recommended to have a written document to protect the rights of all parties involved.

Yes, property can be transferred as a gift in Montana.

Yes, property transfers can be challenged or disputed in Montana under certain circumstances, such as fraud, duress, undue influence, or when the transfer violates applicable laws or regulations. Consultation with an attorney is highly advisable if you are facing a disputed property transfer in Montana. 

Yes, property transfers in Montana may be subject to various taxes and fees, including transfer taxes, recording fees, and possibly capital gains taxes.

No, but you can do your own brain surgery, too, you know.  In either case, doing your own brain surgery or doing your own deed, the results will be the same:  bloody, irreversible, and much more expensive than you thought it'd be by doing it yourself.  So although you are not required to have an attorney when changing or writing a deed, it is highly recommended to seek experienced legal representation if you have questions about or are interested in issues related to deeds in Montana.