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Quit Claim And Quiet Title Action Related Questions

Is a quit claim deed suitable to add the name of one’s spouse to the deed of the home? Or, is a quiet claim action suitable when a person of title is unavailable? A quit claim deed is essentially transfer of title without any warranties or guarantees. A deed that is signed by a grantor transferring any rights or interest he/she may have on the property to another individual or entity. A quit claim deed is usually used and preferred in closed transfers typically between family members or after a divorce. However, it can be used by anyone. The quit claim deed is also useful for clearing a title or for a mere sale of interest in a property.

Read below where Experts have answered a few questions about quit claim deeds and quiet title actions. 

Is a quit claim deed suitable to add the name of one’s spouse onto the deed of a home?

It would be ideal for the spouse who owns the house to sign a quit claim deed and add their spouse onto the deed of the home. This would transfer the desired percentage of undivided interest of the home to the spouse. The deed would then need to be notarized and recorded under the real property records of the city/county where the property is located.

What can be done if a person on a title is not available and how can they be served?

If a title party is not to be found, the other party who is being affected by their absence needs to file a quiet claim title and prove in the court that they have exercised all reasonable methods to locate the other party. Next, the court should be requested to allow service by publication in the paper of the place where the party last resided. Using this action helps obtain a clear title and makes it easier for the court to accept the case. It should be noted that one should present this case correctly through the help of an attorney to prevent any unforeseen complications or hurdles.

Can a quiet title action work to obtain a release of property from a deed of trust loan on a currently defunct company?

If there is no other way to obtain the release of this loan, a quiet title suit needs to be filed as it is the type of action that is recommended when questions regarding the title arise or the involved party has either disappeared or gone out of business.  This suit is served to the company at the last known address. If there is no response or contest from the company, the current sellers are provided clear title by the court. The court order serves as the title document allowing the seller to sell the property or do as they deem fit since they are the rightful owners.

In Arkansas, how is a quiet title action useful if a neighbor claims that 10-15 feet of his/her property has been encroached?

In Arkansas, adverse possession of land is applicable where, if a person has used and maintained a portion of land not belonging to them for at least seven continuous years, they can legally claim ownership of it. This is possible through the legal action ‘quiet title’ where the neighbor is sued to claim legal ownership of the land by proving that the land was used and maintained for a minimum of seven years. The neighbor can also file a quiet title suit to force the alleged owner off the land that can be counteracted using the adverse possession laws. This is applicable in case of routes or roads as well.

Is a signed and notarized quit claim deed and letter valid if the condition that defines it is claimed to be breached, though it is not?

Case Details: The husband has signed these documents stating that if he is unfaithful, the wife can execute the quit claim deed.

In this particular situation assuming the wife files for a divorce, the court can view the quit claim and the note attached as a binding agreement if it has been breached. However, there are certain points which need to be considered and they are as follows:

  1. The note is part of the agreement and the wife needs to prove that adultery has occurred as this is the pre-requisite or condition.
  2. If there is no proof of this, it cannot be filed.

In case the wife plans to file the quit claim prior to filing a divorce or plans to file the quit claim prior to temporary orders being in place, the husband can file for divorce first and seek temporary orders to stop the quit claim from being filed.

What can be done if a borrower refuses to provide a correct and valid quit claim deed of his/her share of property to the lender?

A borrower refusing to provide a valid and accurate quit claim deed, would become liable to be sued under a breach of contract claim in court. A judgment can be obtained from the court against the person. This judgment can be recorded in local land records office, to create a lien on the real estate which could then be foreclosed to force a sale of the property and collect the money owed.

A quit claim deed is a simple method to transfer one’s interest in a property. It does allow a certain amount of flexibility and provides the option to keep the property within a closed group of people. However, the legal route to do so and the consequent implications often require clarification, and specific questions and concerns can be discussed and decided upon with the help of legal experts. 

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