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Does a person who signs a quit claim deed have right to the property?
Not necessarily, a quit claim deed just assigns all interest from one party to another. I can give you a quit claim deed to the Brooklyn Bridge, assigning you all of my interest in that property. The deed would be legal in that I am assigning all of my interest in the bridge, but you wouldn't have any more interest in the bridge AFTER receiving the deed than you did before, since I do not have any interest in the bridge. If there are other encumbrances against the property, a quit claim deed does not remove those encumbrances and in fact may result in the acceleration of a mortgage repayment, if a current mortgage exists against the property.A Quitclaim deed is often used when people want to change the wording on a deed or to enable the other party to sell the house without needing the signature of anyone else on the deed. I have seen them used to "clean up" the names on a title for the sale of a home or for refinancing. As stated above, the effects of a quitclaim do not eliminate the lien the bank has on the house if the house is not paid for. It does not remove or change the names on the mortgage and those people's responsibility to pay. Clarification:If the grantor on the quitclaim deed owns all the interest in the property in fee then YES you would acquire ownership of the property. If there were any liens and encumbrances you would acquire the land subject to them. In some parts of the country quitclaim deeds are often used to convey real property.
How Do you cancel Grant Deed?
The grantor cannot "cancel" a deed. Once you have covneyed your property by a deed the grantee is the new owner. You no longer have any rights in the property.
Your mother quit claimed her property to your sister. Do you have any rights to the property?
As long as your mother is the owner of the property she has the right to convey it to anyone. If she conveyed it to your sister then your sister is now the owner and you have no rights in the property.
What legal right does a deed provide?
A deed provides ownership rights to the property that is described on the deed as long as the land was owned by the grantor.
How does a quitclaim work?
The term is actually "quitclaim", not "quick claim". The document must be signed, notarized and recorded and the recorder's office to be valid. It must contain the address of the property and a legal discription. It basically means "what interest I have in the property, I convey to you". This is not as good as a grant deed, which conveys a warranty of title. Consult a local attorney familar with the laws of your state for further assistance.
Deeds generally are signed only by the grantees?
The grantee is the person who is receiving the property: the new owner. The grantor is the person who is transferring the land to the new owner and surrendering all rights in the property. Therefore the grantor is usually the only person who signs the deed. In rare cases the grantee also signs when they are agreeing to some condition. For example, the deed might state that the grantee agrees to allow the grantor to cut and remove timber for one year from the date of the sale.
A couple who owned property as joint tenants got married and then divorced. Can one convey their share of the property to anyone else?
Yes. A joint tenant can convey their interest in real property and thus break the survivorship rights of the co-tenant. A tenant-by-the-entirety cannot defeat the survivorship rights of the co-tenant. In most jurisdictions, a divorce would automatically convert a T by E to a tenancy in common.
Can your wife be forced to convey her dower rights in your real property?
The only entity that can "force" someone to give up their rights is a judge. You would need to provide justification to the court for your request.
Can one obtain a life estate after a property is sold?
No. Once the property has been sold the grantor no longer has any rights in the property. Therefore, they can no longer reserve the right to a life estate. If the new owner is agreeable, the property could be reconveyed to the prior owner, then they could draft a new deed reserving a life estate.
What does joint tenants with quitclaim covenants mean and do the heirs of the joint tenants have rights to the property?
First, a quitclaim deed transfers any interest in the property owned by the grantor in the deed. It does not guarantee that the grantor owns the property. Ownership must be confirmed by a title examination performed by a professional.When the grantees in the deed acquire as joint tenants that creates a special relationship between those grantees in the case of death. If one dies the surviving joint tenantautomatically becomes the sole owner of the property. The heirs of that decedent have no rights to the property.When that surviving joint tenant (who is now the sole owner) dies, the property will pass to their heirs according to the provisions in their Will or according to the laws of intestacy if they have no Will.
Does a quitclaim deed give up mineral rights in a Louisiana property?
Yes, you are giving up any claim. In Louisiana, you MUST state a mineral reservation or it does not exist.It is possible to reserve the mineral rights when using a quitclaim deed to convey property, but you must expressively reserve the mineral rights in the conveying deed.louisiana.ning.com
What is a grantor and what is a grantee?
The "grantee" is the person or organization to which the specified rights are given.Example: The person giving a Power of Attorney is the "grantor", the person receiving/accepting the POA is the "grantee".
