Dear Monty: Is it possible for someone incarcerated to be included on a property deed?
Monty’s Response: An inmate can indeed be included in a property deed, yet various concerns and warning signs should be carefully considered. There is no legal restriction preventing individuals from holding real estate simply due to incarceration; ownership falls under civil jurisdiction. Provided the individual retains legal capacity to execute documents—or appoints another party via legitimate legal procedures—they may be listed on the deed. Nonetheless, this action isn’t necessarily prudent—nor entirely secure—to undertake.
The Process
In order to include someone else on a deed, the present owners have to willingly endorse a fresh deed listing the extra individual. Depending on circumstances, this usually requires drafting and executing either a quitclaim deed or a warranty deed. Following this, the newly issued deed needs to undergo notarization and registration with the local office of deeds. Should the party being included reside in prison, they cannot personally meet with a notary; thus, specific provisions should be arranged—often involving engagement with an approved notary within the correctional facility or via their legal counsel. Nonetheless, all these steps remain feasible under law.
However, the Larger Question Remains: Why?
If the person you’re considering adding has ties as a family member, spouse, or holds an earlier stake in the property, including them could have both legal and emotional validity. However, if this individual is merely a recent acquaintance through correspondence or lacks a demonstrable connection to the property, their addition would understandably provoke scrutiny. There are numerous verified instances where prisoners manipulate individuals outside prison walls—frequently susceptible women—to transfer ownership of properties, funds, or authority over financial resources. Such maneuvers may involve manipulation under false pretenses or serve as components of extended fraudulent activities.
Warning Signs to Be Aware Of
Prisoners often have considerable idle hours, with numerous inmates truly striving to reform themselves; however, some utilize this time for scheming. When you’re considering adding an inmate’s name to your property deed, proceed with great caution.
— This request occurs early in the relationship.
— There’s urgency to take action swiftly.
— The prisoner provides minimal justification for why this particular setup is needed.
— The conversation includes assurances of potential monetary advantages for you in the future.
If someone’s name is on a deed, taking them off it usually necessitates a court order—often via an expensive partition action—if they do not agree to leave. This means that individual still retains legal ownership of the property, regardless of being incarcerated.
The Prison’s Role
Mail sent from prison is typically monitored. However, personal or love letters might not receive close examination unless there’s a specific threat or suspicion of illegal activity. As such, communications about property matters or finances could potentially slip through without being noticed.
Alternative Approaches
If you want to assist an inmate financially or offer them housing upon their release, there are more secure options available:
No. 1: Establish a formal lease document after their release.
No. 2: Develop a well-structured loan agreement.
Number 3: Create a trust with explicit conditions and safeguards.
The Bottom Line
From a legal standpoint, an incarcerated individual can be included as a co-owner on a house deed. However, this step is significant and typically cannot be undone easily. Those contemplating this action must seek advice from a specialized real estate lawyer, particularly if they do not share any formal long-lasting legal bond with the homeowner. In matters concerning property, rational actions based on thorough research should always take precedence over emotional impulses. Should you find yourself behind bars raising this issue, recognize that assisting you involves some level of personal risk for those outside. Honor their faith in your situation—do not exploit their goodwill.
Richard Montgomery serves as a syndicated columnist and has authored several books. Previously, he was a top-tier real estate executive and has launched multiple businesses. He established DearMonty.com and PropBox, Inc., offering solutions for various real estate challenges. You can stay updated with his insights through Twitter (@montgomRM) or via his website, DearMonty.com.
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