Posted on: 01st Oct, 2009 08:42 pm
my wife signed a quit claim deed years ago, now the title company wants to know if she was married when she signed, she was, i as the husband didn't sign the deed. the deed was to remove her from a deed with her father, so that a step-witch could be signed on. only her name was on the deed, not mine, but she was listed with my last name. we and the property are in a community property states. my wife should have never signed the deed, and was robbed of an inheritance by the step-mother witch..... now we find out that my wife's deed she signed may not be legal, therefore it could possible be an inheritance for my wife if she could force the witch to split the $$ from the sale of the house.
is a quit deed legal if only one spouse signs ? can or will the deed be legal in a court of law ?
the step-witch wants to sell the property now, but we wonder if my wife still has claim to the property if the deed was incorrectly signed yrs ago (4-5yrs).
i believe the title company wants another deed with both our signatures on it.....no way...we won't sign after being robed and hurt by the step-witch. step-witch has remarried for the 6th time, 14months after my wifes dad died.
thx for any help.......we really need it !
is a quit deed legal if only one spouse signs ? can or will the deed be legal in a court of law ?
the step-witch wants to sell the property now, but we wonder if my wife still has claim to the property if the deed was incorrectly signed yrs ago (4-5yrs).
i believe the title company wants another deed with both our signatures on it.....no way...we won't sign after being robed and hurt by the step-witch. step-witch has remarried for the 6th time, 14months after my wifes dad died.
thx for any help.......we really need it !
If the property was only in your wifes name then the quit claim deed in legal as long as it was notirized and recorded in the county
Why then did the title company want to know if she was married at the time ? The title company wants to know if we were married over a specific 5 yr period for some reason. The title company has said I should have signed too, since we were married at the time.
Only legal reason woudl be, if you were married at that time, there could be possibility that you may contest that quit claim deed.
it is because you are from community state.
if you are married at that time, you too have stake in property & deed will not be considered as legal.
if you are married at that time, you too have stake in property & deed will not be considered as legal.
Quit claim is legal as it should be notarised in state office.
Can someone here explain this statement from the title company... this is a requirement statement ,i guess to issue title insurance, " Provide an unappealable order determining the heirs of the estate of (wifes mothers name here),deceased. Said order to be obtained from xxxx county district court. "
What is an unappealable order ? My wife and her father were the only heirs, but we have never seen her will and it was never probated, we assume she left the house to her husband (ROS) then to the daughter, after her death my wife was put on the deed. We were married then also.
How would the step-mother get this order ? how would the court go about issueing it ? Wouldn't the court have to involve my wife ,since this is her mother ?
If the house is sold under a warrenty deed, can all these provisions be ignored by the step-witch ????
thx for all the info !!
Should we contact the step-wich and tell her we know the deed is flawed ?
What is an unappealable order ? My wife and her father were the only heirs, but we have never seen her will and it was never probated, we assume she left the house to her husband (ROS) then to the daughter, after her death my wife was put on the deed. We were married then also.
How would the step-mother get this order ? how would the court go about issueing it ? Wouldn't the court have to involve my wife ,since this is her mother ?
If the house is sold under a warrenty deed, can all these provisions be ignored by the step-witch ????
thx for all the info !!
Should we contact the step-wich and tell her we know the deed is flawed ?
Thats really interesting statement
Probably some of attorneys on the forum can help with this one
Probably some of attorneys on the forum can help with this one
ttt... looking for answers..... we can't get ahold of our lawyer til monday
thx
thx
Unappealable order means an order which is not subject to appeal i.e none can appeal against the order. An attorney will help you know whether or not your wife's step mother has used any illegal means to get that order. You need to contact an attorney and get his opinion regarding this.
Guest that was a good explination