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Quit Claim Deed Related Questions

Quitclaim deeds are legal documents that allow a person to transfer their interest in a piece of property to another person. A quitclaim deed differs from other deeds in that there is no guarantee or warranty on the title. The grantor (the person who transfers his/her interest) may not actually own the property at the time of the transfer, or if the grantor does own the property, there is no guarantee that the title is free from debt. To gain a better understanding of how quitclaim deeds work, take a look at the quit claim questions below that have been answered by Experts.

In the case of mineral rights does a Quit Claim Deed override a divorce decree?

The quit claim deed would still be a valid transfer if it was recorded after a divorce settlement. However, it would be up to the party having a dispute with the ex- spouse to engage the document in court to receive the full potential of the document. The ex-spouse could be taken to court and sued for damages as well as money that have been obtained through the royalties.

When the ex-spouse signed the quit claim deed, the new owner would have claim to the money from the mineral rights if the ex-spouse didn't reserve that right. Simply put, this is what a quit claim deed does. The quit claim deed transfers the property rights to the new buyer unless there are stipulations in the agreement.

Is using a Quit Claim Deed to transfer Mineral Rights in the State of Texas a valid document? Why would my attorney think it is an in valid document? Can I use a quit claim deed to remove someone from the title?

Generally, a quit claim deed would be fine. This form of deed is also known as a quit claim mineral deed and is acceptable when transferring property.

Your attorney may mean that a basic deed form wouldn't work for transferring mineral rights. This would be correct due to the lack of conveyance language towards mineral rights. Quit claims are used all of the time to transfer mineral rights to the new buyers. However, a person cannot quitclaim in order to remove another party from the title. There is only one way to remove the other party from ownership. The person would have to willingly quitclaim his/her interest over to someone else.

I signed a Quitclaim Deed to my son. He received the tax statement from the county with his name on it. Will I be able to use that statement for my tax return? I thought the quitclaim deed was used in the event of my death and didn't realize title to my home would be transferred.

You lost all interest in the property the minute you signed the quitclaim deed over to your son. You wouldn't be allowed to use the land taxes on your tax deductions. The quitclaim deed you signed has nothing to do with your death. However, if the quitclaim deed was done with your son's name and your name, the property would transfer to your son when you died. The quitclaim deed released you from any interests or rights to the property. Situations like this are why it's so important to have legal assistance when you did this. If you did, and the attorney told you that the quitclaim deed would transfer only upon your death, you could sue the attorney for legal malpractice.

How do you reverse a fraudulent quitclaim deed?

A person would need to file a motion with the court to "set aside a fraudulent deed." Another option would be to file suit against the owner to re-establish your ownership of the property. With either option that you choose, the person who gained the property through the quitclaim will have to be served notice. Usually, the court can restore the title to you and remove the fraudulent deed.

You should consider seeking legal assistance when attempting these actions. Also, you will need to explain the reason you think the deed is fraudulent when you write your motion/complaint.

Quitclaim deeds are efficient ways to transfer title but can become a legal nightmare to those who are unfamiliar with real estate law. Before signing any document, you should learn more about how quitclaim deeds work or ask an Expert to assist you with your plans.

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Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
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Recent Quitclaim Questions

  • FOR DWAYNE What if there was evidence from the Court during

    FOR DWAYNE B
    What if there was evidence from the Court during a Hearing, of an upcoming Hearing that was on the Docket Sheet, but it's not on the Docket Sheet now?
  • State: California Area of Law: Real Estate / Timeshare Situation: Timeshare Deed

    State: California
    Area of Law: Real Estate / Timeshare
    Situation:
    Timeshare Deeded to two unmarried individuals, each owning a 50% Undivided Intertest, and one owner being deceased since 2010. Ownership is held as "Tenants in Common"
    The property never went through probate and the representative of the estate of the deceased is non-cooperative.
    Question: Can a Tenant in Common alienate his 50% Undivided Interest to the Deceased Owner or to their estate. I am aware that consent of the other owners is not required to alienate his share.
    Objective: To alienate his share by Deeding his interest to the "estate of" or to the "Deceased name" to absolve himself of the ongonig maintanence and timeshare annual assessments. He has not been able to sell the property, because there was never a probate proceeding granting him full ownership. At this time, the value of the timeshare is less that the aggravation and cost of initiating a probate proceeding.
    Best Case Scenario: Th
  • For Gerald,So now that i understand the law i am thinking

    For Gerald, So now that i understand the law i am thinking if it applies here. So my ex-wife is on the title, and my mother is on the title and the transfer is made from them to me. So technically the amount of mortgage is 1/3 that i should claim on my wife's GEP -1 form. But, only me is on the mortgage note, and we had agreed before that she owns no mortage only me and she is onyl on the title. 1. Can i site some kind of paper that we agreed with her that she is not on the mortgages and claim that even 1/3 of the mortgage is not transfer taxable? Would they agree to that? Have you ever encountered a situatioin like that?

    LIke this - here is a quote that you sited in your prior answer:

    the remaining amount of any prior mortgage to which
    the transfer is subject or which is to be assumed and agreed to be paid by the
    grantee

    In this case mortgage is all on me - i am on the mortgage note only and have full assumptioin and ownership and obligation to repay - my mom and my wife are only on the title. Does that constitute that i am not assuming anything? Technically they were put on my title after mortgage was approved, etc and do not owe any mortgage. The bank has no recourse to them even if i default.  Are there any guidance on that or commentaries?

    2. If its not the case and the amout of 1/3 must be set there, then she is ucncomfortable wiht being called a seller. She is not selling, but giving it as part of our divorce agreement. Can I cross the tag on the table in the form that is called Seller information and change it to grantor, and then change the consideration to expand it (1/3 of the remaining mortage amount)?? As to indicate that no sale takes place, but rather its a grant as part of the divorce? What else can i do? Are there any other ways?

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