Do I have to sign a quit claim deed?

cdowdy1961 · Joined: 27 Feb 2008 Posts: 1 1.38 Dollars($)

My Mother deeded her property to me in 1983 with a life estate for her. She sold a small lot of it to my aunt and uncle in 1987. My mother passed away in 2000. Now, the Aunt wants to sell this lot that joins another lot the aunt purchased earlier. As they were checking, they found that my mother had sold the lot and she only had a life estate. I was not consulted or even aware of this sale until it was done. They are wanting me to sign a quit claim deed. Also, this second lot they supposedly bought cuts off access to a barn and to the rest of my property. What happens if I do not sign this quit claim deed?

larry · Joined: 27 Jun 2007 Posts: 3328 473.40 Dollars($)

Hi,

Welcome to the forum.

Is the title of the other lot of the property in your name? If not then you cannot sign a quitclaim deed.

Even the title is in your name then also you should not sing the quitclaim deed. Signing a quitclaim deed means you have no legal rights on the property. I think it is better to consult with an attorney before signing anything.

Best of luck,
Larry

adonis · Posted: Thu Feb 28, 2008 1:52 am Post subject:

well, I'm afraid you can't do much if the property has already been sold off. They are asking you to sign on the quitclaim deed which they should have done earlier because that's how title transfer happens. Still for further verification, you may consult an attorney.

jheard · Posted: Thu Feb 28, 2008 7:14 am Post subject:

A principle of property law is that you can only transfer the property interest that you have. Your mother only had a life estate. You had the "remainder". When your mother sold the lot to your aunt and uncle, they only took your mother's life estate. When your mother died, their interest lapsed, and you get your remainder.

In other words, you own the property and your aunt and uncle do not. Therefore, you do not have to sign a quitclaim deed, or any other kind of deed, and the aunt and uncle must vacate the premises if you wish.

All times are GMT - 7 Hours

Page 1 of 1