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Quitclaim and Warranty Deed Questions

If a Quitclaim Deed is Used to Grant Right-of-Way, Does Ownership of the Designated Land Change?

If the language of a Quitclaim Deed indicates that a right-of-way is being transferred to a Grantee — and the deed does not reserve for the Grantor any right to use the land or cause the Grantor to retain some ownership interest in the right-of-way — then the right-of-way becomes the property of the Grantee upon the filing of the Quitclaim Deed.

Quitclaim and Warranty Deed Questions  ·  November 7th, 2012

If My Husband and I Own Real Estate in a Partnership with Others and I Want Out, Can We Simply Create a Quitclaim Deed?

A completed Quitclaim Deed signed by all of the listed owners of the current deed could certainly be used to transfer the property ownership as desired.

For such a document see, Standard Legal’s Quitclaim Deeds package.

But transferring the property ownership from both spouses to one would not necessarily change the nature of the ownership within the Partnership. [ Read More... →]

Business Partnership Questions · Quitclaim and Warranty Deed Questions  ·  November 5th, 2012

Can I Sell a Property by Quitclaim Deed if One of the Currently Listed Owners is My Estranged Minor Son?

Completing a property sale using a Quitclaim Deed when one of the listed owners of that property is a minor who is not living in the parent’s home is a complicated issue with several variables.

The first issue is the minor’s ability to enter into a binding contract (i.e. the transfer of the property to a third party), as such contracts are voidable by the minor due to his age. But there are additional considerations and potential solutions. [ Read More... →]

Quitclaim and Warranty Deed Questions  ·  October 26th, 2012

Is There a Set Time Limit in Which an Executed Deed Must Be Provided After the Completion of Payments on a Land Contract?

The vast majority of states have no firm set time period or “grace period” for requiring the tender of a Deed for real property upon the completion of payments on a private mortage. [ Read More... →]

Land Contract Questions · Quitclaim and Warranty Deed Questions  ·  October 9th, 2012

Can a Deed of Trust Be Paired with a Quitclaim Deed to Prevent Foreclosure in Default?

So long as the contract is properly written, a provision providing that the buyer will sign a Deed to avoid having the seller go through a foreclosure process to reclaim title to the property would be enforceable. [ Read More... →]

Living Trust Questions · Quitclaim and Warranty Deed Questions  ·  October 5th, 2012

Why Does a Trust Deed Have ‘a Married Man’ After the Grantor’s Name?

Such language indicates that the grantor is married and, as such, his spouse may have certain dower rights in the property. [ Read More... →]

Living Trust Questions · Quitclaim and Warranty Deed Questions  ·  August 31st, 2012

Does Title Insurance Cover Incorrectly Filed Warranty Deeds and Does a Statute of Limitation Exist?

Title insurance will cover only those issues specifically set forth in the title insurance policy. Most policies have a significant number of exceptions to coverage, so there is no standard answer to this inquiry. You must read the policy in question.

Quitclaim and Warranty Deed Questions  ·  August 22nd, 2012

Can a Property Listed in a Living Trust Be Quitclaimed to a Third Party Without Being Removed from the Trust?

If a property has been properly transferred to the Trust (i.e. the Trust has been properly funded and a Quitclaim Deed has been filed using the Trust name), then only the Trustee can transfer the property “back out of” the Trust and to a third party.

The Trust document must also authorize or empower the Trustee to take such action (or grant the Trustee the discretion to transfer the property). [ Read More... →]

Living Trust Questions · Quitclaim and Warranty Deed Questions  ·  June 12th, 2012

Can My Spouse Quitclaim a Share of Our Marital Home to a Relative Without My Consent First?

Whether or not a spouse can Quitclaim marital property to a third party depends upon how the property is currently titled among the owners. [ Read More... →]

Quitclaim and Warranty Deed Questions  ·  June 8th, 2012

Can I Quitclaim My House to a New Corporation and Name My Minor Children Shareholders?

Minor children can take title to real estate via Quitclaim and can be named as shareholders in a corporation.

But there are issues and limitations surrounding the future capabilities of each of these actions. [ Read More... →]

Incorporation Questions · Quitclaim and Warranty Deed Questions  ·  May 24th, 2012

Does a Signed Quitclaim Deed Override a Different Distribution Outlined in a Last Will?

In most cases, a valid and signed Quitclaim Deed transferring property to a person other than the decedent “trumps” or supersedes the provisions of the decedent’s Last Will and Testament. [ Read More... →]

Last Will and Testament Questions · Quitclaim and Warranty Deed Questions  ·  April 24th, 2012

If I Have Power of Attorney for My Parent, Can I Transfer the Family Home to Myself and My Siblings?

Most “general” Power of Attorney documents have a specific provision about transferring property contained within them, granting the attorney-in-fact the ability to undertake such a property transfer process.

But if the language about being able to transfer property is not stated specifically in the document (and different POAs are drafted differently), then the attorney-in-fact most likely lacks the authority to transfer property. [ Read More... →]

Power of Attorney Questions · Quitclaim and Warranty Deed Questions  ·  April 23rd, 2012

How Do My Spouse and I Transfer Our Home to Just One of Us if We are Considering Divorce?

Typically, a divorcing couple filing for No-Fault Divorce has two options in regard to jointly held real estate: [ Read More... →]

Divorce Questions · Quitclaim and Warranty Deed Questions  ·  April 3rd, 2012

Can I Transfer the Deed on an Investment Property in Default to an Unresponsive Mortgage Holder?

A deed can certainly be prepared and filed with the proper county government agency, transferring property from one person to another (or to a business entity).

But it is not typical for a piece of real estate property to be transferred to a grantee (in this case, the mortgage holder of the property who has not foreclosed and won’t return the investor’s phone calls) without that person or entity’s consent. [ Read More... →]

Quitclaim and Warranty Deed Questions  ·  March 14th, 2012

If My Father Quitclaimed our Family Home to My Brother and I, Can He Still Reclaim Ownership?

If it was a standard Quitclaim Deed that was properly signed and recorded, transfer of ownership to you and your brother has occurred.

But if the deed was not a standard Quitclaim, the matter of outright ownership is not so clear. [ Read More... →]

Quitclaim and Warranty Deed Questions  ·  February 23rd, 2012

Can a Person Deed Property to One Child After the Death of a Spouse in a Multi-Child Family?

In most states and when the family structure is relatively straight-forward, the handling of family property after the death of just one spouse is fairly consistent. [ Read More... →]

Last Will and Testament Questions · Quitclaim and Warranty Deed Questions  ·  February 22nd, 2012

Can I Transfer My Half Interest in a Home to My Girlfriend?

A co-owner to a real property can transfer his or her interest in that property to a third party using a Quitclaim Deed. But be advised that such a step does not remove the original owner from all responsibility. [ Read More... →]

For Sale by Owner Home Sale Questions · Quitclaim and Warranty Deed Questions  ·  February 21st, 2012

Can I Quitclaim My Half Interest in a Land Contract to My Buyer Partner?

In most cases concerning Land Contracts, title to real property does not pass to the purchaser until all or a certain percentage of the land contract installment payments are made.

Until such time, the purchaser (or a partner-purchaser) does not hold any title or ownership in the property.

As such, if the purchaser does not hold ownership, he/she has no ownership interest in the property that can be transferred by way of a Quitclaim Deed.  In essence, a drafted Quitclaim Deed would be meaningless because a person cannot “transfer ownership” of something he or she does not own.
[ Read More... →]

Land Contract Questions · Quitclaim and Warranty Deed Questions  ·  February 15th, 2012

Can a Four Year Old Deed That Was Never Filed Still Be Used to Transfer Ownership in a Property?

Under certain conditions, a Deed that was signed by the parties to transfer property several years in the past can still be valid. [ Read More... →]

Quitclaim and Warranty Deed Questions  ·  February 13th, 2012

Can a Wife Quitclaim Property from the Married Couples’ Names Back to Her Maiden Name to Protect the Asset?

A currently-married woman cannot transfer property to her maiden name (which is no longer being used) simply to avoid losing the property to a judgment in a current or potentially upcoming litigation. [ Read More... →]

Bankruptcy Questions · Quitclaim and Warranty Deed Questions  ·  January 31st, 2012