Real property in Mississippi that I want to gift to my two sons. No mortgage or lien on property, Can I do quitclaim deed?

Asked almost 2 years ago - Nashville, TN

Can quitclaim deed be given to parties that currently have no ownership interest in the real property?

Attorney answers (2)

  1. Jesse Houston Clark

    Contributor Level 7

    1

    Best Answer
    chosen by asker

    Answered . I would like to begin by clarifying that I am not licensed to practice in the state of Mississippi, and so I strongly encourage you to consult with an attorney in your state. That said, a quit claim deed offers no covenant of title; that is, it transfers whatever interest the grantor (the person giving the property) has in the property to the grantee (the person being given the property), but does not guarantee that the grantor has the right to transfer the property or that there exists a clear title. The grantee is entitled only to whatever interest the grantor actually possesses at the time the transfer occurs. If you own the property, and it is unencumbered (there are no mortgages or liens) then you should be able to easily transfer title to your sons. You may want to consider how you word the conveyance, as to whether you wish them to own the entirety of the property jointly or if they each should possess a half interest. An attorney in Mississippi will be able to explain the differences and help you produce a quit claim deed.

  2. Michael T Millar

    Pro

    Contributor Level 19

    Answered . I agree with Mr. Clark.
    In a nutshell, yes you can deed the property to your two sons by way of quitclaim deed.
    However, if you have any estate planning issues involved in the transfer, you should consult with an attorney.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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