quit claim deeds
Do all parties who hold interest in a property need to sign the quit claim deed
One thought on “quit claim deeds
Do all parties who hold interest in a property need to sign…”
Re: quit claim deeds
No.
The maker of a quitclaim deed gives up only whatever interest he has (unless the deed imposes a further limitation).
So, if X owns 15% of Blackacre, he can quitclaim 15%, 1% or anything else less than 15%. He can also say, “Gosh, I don’t know whether I own Blackacre or not, but if I do, here’s your deed!”
Needless to say, the buyer gets no more than X had.
However, in order for the buyer to get 100% of Blackacre, all persons holding a share of title would have to sign a deed or series of deeds to the buyer.
It’s like a waitress collecting the check after serving a group of people. One guest doesn’t have to sign all the chits. But by the time she leaves the table, guests representing the entire tab need to have pulled out cash or a credit card in order for her to collect 100%.
By the way, it works substantially the same with grant deeds as with quitclaims. If I own 1/3 of Whiteacre, I can sell (or give away) my 1/3 by quitclaim or grant deed. I could also, by the way, sell 1/5 or 1/100. What I can’t do is sell or deed away more than I’ve got.
I hope this makes it clearer.
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
P O Box 318
Tomales, CA 94971-0318
Re: quit claim deeds
No.
The maker of a quitclaim deed gives up only whatever interest he has (unless the deed imposes a further limitation).
So, if X owns 15% of Blackacre, he can quitclaim 15%, 1% or anything else less than 15%. He can also say, “Gosh, I don’t know whether I own Blackacre or not, but if I do, here’s your deed!”
Needless to say, the buyer gets no more than X had.
However, in order for the buyer to get 100% of Blackacre, all persons holding a share of title would have to sign a deed or series of deeds to the buyer.
It’s like a waitress collecting the check after serving a group of people. One guest doesn’t have to sign all the chits. But by the time she leaves the table, guests representing the entire tab need to have pulled out cash or a credit card in order for her to collect 100%.
By the way, it works substantially the same with grant deeds as with quitclaims. If I own 1/3 of Whiteacre, I can sell (or give away) my 1/3 by quitclaim or grant deed. I could also, by the way, sell 1/5 or 1/100. What I can’t do is sell or deed away more than I’ve got.
I hope this makes it clearer.
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
P O Box 318
Tomales, CA 94971-0318