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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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Recent Quitclaim Questions

  • Good Afternoon:We are strongly considering a "Demand Loan"

    Good Afternoon:
    We are strongly considering a "Demand Loan" for the sale of My Fiance's home to her son.
    Questions:
    I note the IRS has made it somewhat complicated to use the correct AFR:
    a): Do we use a short term, mid term or long term interest rate.
    b): Obviously the short term rate is quite attractive???
    b): Please explain the Quit Claim process and the pros/cons.
    i): My concern is that in an event of a divorce between my fiance's son and his wife
    that she may end up with the house that he should rightfully own. Please share your
    thoughts on how to side step that potential and ensure that (Clint) keeps the house
    in the event of a Divorce.
    c): Where may we obtain the paperwork to complete the "Demand Loan" process?
    Thank You for your time and your consideration.
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  • Seven years ago My boyfriend and I took out mortgage. The house

    Seven years ago My boyfriend and I took out mortgage. The house belonged to his parents so his father signed a quitclaim and turned the house over to him. At the time it was more economical than buying a new house.The plan was always to put my name on the deed, however we both procrastinated for many different reasons. I found a reasonable lawyer to draw up the paperwork. At this point my boyfriend decided to change his mind, stating that he doesn't want anyone else on the deed because this was the house he grew up in. We are not having relationship problems or anything of that nature. I don't understand why he would lead me to believe I am in this with him equally when all the while he had no intention in adding me to the deed. I am concerned about legal ramifications. This has been a huge investment for me and I have put a lot of blood, sweat, tears and money into this house. What should I do? Please help. I have no idea what my rights are at this point, or if I have any at all.
  • I have a timeshare in N.Myrtle Beach and the deed is in my

    I have a timeshare in N.Myrtle Beach and the deed is in my name and my stepdaughter's name. Now I want to opt out ( I pay all the expenses annually). How can I go about giving her full title to this? She and are estranged now so speaking to her about this is not possible.
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