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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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How do I file a Motion to Annul or Void my Quit Claim Deed

Resolved Question:

How do I file a Motion to Annul or Void my Quit Claim Deed to two of my adult children which I filed myself in 2007 at a time when I was doing a lot of back and forth driving to California to take care of my mother and my intention was to place them on title in case something happened to me. I already have a will in place for my property to be inheireted by my six children. Now my two are being arrogant and now live with me and don't share in expenses of home and I want them off the title.
Submitted: 6 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Did the two know of the quit claim deed that you filed? Did they also sign the document?
Customer: replied 6 years ago.
I informed them of what I was doing. They did not sign the Quit Claim Deed, only I signed. I have been the sole owner since 1987 when I purchased the property as a single parent of six children. I quit-claimed to myself, my son Emmanuel and my daughter Christina as joint tenants. (both of whom I have grandchildren). There was no transfer of money, not even ten dollars. I signed in front of a notary on April 5, 2007.
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Hmm, this is going to be an up-hill battle. You do have two means of trying to break the validity of the transfer, but both will be tricky. First, you can claim that there was no formal transfer because there was no exchange of funds from one party to an another. The problem you will face is that within the family such gratuitous transfers are generally upheld. The second option is to state that the transfer was improper since there was no evidence the other parties actually formally "accepted" the deed transfer. To have a deed be valid, it has to be formally agreed to and accepted, and since the receivers of the deed never either rejected or approved of the transaction (no signature), you can claim that the transfer was void.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 4/14/2010 at 9:12 AM EST
Customer: replied 6 years ago.
How would I word the Motion that I would need to file in court on this matter. "Motion to ??? I am in Utah.
Expert:  Dimitry K., Esq. replied 6 years ago.
This would be a "quiet title" action under which you will be requesting that the courts remove any outside interests that are connected to your property. So you will have file a motion for a hearing on quiet title.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 4/14/2010 at 9:21 AM EST
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