Posted on: 16th Nov, 2008 03:50 pm
i have a question regarding a problem in a property class i am taking. here are the facts:
john anderson has conveyed his property to son steve anderson via warranty deed but retains a life estate. steve is now selling the property. when i complete the warranty deed conveying the property from steve to the new buyer, is only steve the grantor or steve and his father john the grantors? my thinking is that steve is the sole grantor on the warranty deed he will make to the new buyer, but his father with the life estate will have to make a quit claim deed on the subject property to the buyer. is this correct?
john anderson has conveyed his property to son steve anderson via warranty deed but retains a life estate. steve is now selling the property. when i complete the warranty deed conveying the property from steve to the new buyer, is only steve the grantor or steve and his father john the grantors? my thinking is that steve is the sole grantor on the warranty deed he will make to the new buyer, but his father with the life estate will have to make a quit claim deed on the subject property to the buyer. is this correct?
Hi jasta!
As far as I know, as the father has a life estate, the son will not be able to sell the property without the father's consent. I think the father will have to sign a new quitclaim deed and transfer the property solely in the son's name and then the son will be able to sell off the property.
Thanks.
As far as I know, as the father has a life estate, the son will not be able to sell the property without the father's consent. I think the father will have to sign a new quitclaim deed and transfer the property solely in the son's name and then the son will be able to sell off the property.
Thanks.
You can only transfer the property interest you have. The father has a life estate and Steve has a remainder. Steve can transfer his remainder via warranty deed, as long as he only warrants his remainder title. To warrant a fee simple title, both Steve and his father should sign the warranty deed, or the father could quitclaim his life estate to Steve, or transfer the life estate with another deed. If the father quitclaims the life estate to Steve, Steve will have the life estate and the remainder which will give him a fee simple estate under the doctrine of (if forgot the term).
my ex-spouse is named on a deed dated 1989, we have been divorced since 1989 and she has never been a part of the real estate property. There was no property settlement agreement entered into and no distribution of property was made, rather it simply stated, the plaintiff and defendant be divorced for the bonds of matrimony for the cause aforesaid, and the parties, and each of them, be freed and discharged for the obligation thereof. Since I have no spoken with my ex-spouse since 1989 and she has abandoned the property by not making any mortgage payments, taxes, and maintenance fees, etc. in the property and since I do not know where she is at this time, how can I get her off the deed without her signature?
Hi Juliano,
As far as I know, in order to remove her name from the deed, your ex-spouse needs to sign a quitclaim deed in your favor. Without her signature, I don't think it is possible for you to remove her name from the deed. But I will still suggest you to consult an attorney in this regard.
Thanks
As far as I know, in order to remove her name from the deed, your ex-spouse needs to sign a quitclaim deed in your favor. Without her signature, I don't think it is possible for you to remove her name from the deed. But I will still suggest you to consult an attorney in this regard.
Thanks