Posted on: 13th Sep, 2007 08:57 am
My wife and her sister were deeded 70 acres of land. The sister was married and has since passed. She did a quit claim to tranfer interest to her husband. Does he right to get his wifes half of the property? or does the property all go to the remaining sister ( my wife )
as long as it was done correctly he has every right to his portion of the property. when multiple people or companies own something they have the right to transfer their ownership to anyone they want. however it depends on what type of ownership was given to them when they inherited it.
there are different types of ownership and it is implied through the deed of transfer. a quit claim deed does not offer any kind of implied warranty and any preexisting agreements would take precedence. so if when they inherited it the deed stated that they could only own it and in the case of one or the others death the interest transfered to the other that is what would happen. if it was just that they owned it then they each have the right to trasfer to whoever they choose. spouce, kids, grandkids, friends, doesn't matter.
there are different types of ownership and it is implied through the deed of transfer. a quit claim deed does not offer any kind of implied warranty and any preexisting agreements would take precedence. so if when they inherited it the deed stated that they could only own it and in the case of one or the others death the interest transfered to the other that is what would happen. if it was just that they owned it then they each have the right to trasfer to whoever they choose. spouce, kids, grandkids, friends, doesn't matter.
Based on the information you have provided, as she did a quit claim deed to transfer her interest over in her husband's name, presently he is the owner of her share of property.
If the deed was properly made, notarized and recorded then it is valid and has resulted in ownership transfer.
If the deed was properly made, notarized and recorded then it is valid and has resulted in ownership transfer.
Hi Jimmy,
When your wife's sister has already quitclaimed her share of property to her husband, then he has full right to that property. Your wife will not get anything out of the property.
When your wife's sister has already quitclaimed her share of property to her husband, then he has full right to that property. Your wife will not get anything out of the property.