Posted on: 31st Dec, 2009 06:32 pm
There are three joint tenants with rights of survivorship. One joint tenant unilaterally quit-claimed her interest to herself. Did she mess up? Does she now own nothing - because she used a quit-claim deed instead of a warranty deed?
Hi geffrey,
A quitclaim deed is as much legally valid as a warranty deed. The only difference is that, a quitclaim deed does not always transfer the property free and clear. But here the joint tenant quitclaimed her own share in the property to herself and this is legally possible. She does not have rights to the share of the property owned by the other 2 joint tenants. Thus, their property interest should remain intact.
A quitclaim deed is as much legally valid as a warranty deed. The only difference is that, a quitclaim deed does not always transfer the property free and clear. But here the joint tenant quitclaimed her own share in the property to herself and this is legally possible. She does not have rights to the share of the property owned by the other 2 joint tenants. Thus, their property interest should remain intact.
hi geffrey,
a quit claim deed does not guarantee that property is free of liens & mortgage. i do not think that she has done any thing illegal or something against other owners. you may ask her about the reason of this act.
a quit claim deed does not guarantee that property is free of liens & mortgage. i do not think that she has done any thing illegal or something against other owners. you may ask her about the reason of this act.