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What does a quit claim deed convey as far as ownership of real property?

Joplin, MO |

My ex-spouse had signed a quit claim deed naming our son on the document . He was under the impression this conveyed all rights to the property to our son once he passed away, and unfortunately this has occurred. He has gotten different answers to the question about whether he can claim the property, Realtor, attorney and title company do not seem to know what this means. What are the necessary steps to assure that this can be done, or can it be done? I have read many things but nothing seems clear cut.

Attorney Answers 3

Posted

I am not a MO attorney, laws vary from state to state, therefore you should always consult a local attorney.

A quitclaim deed conveyed whatever interest your ex-spouse (the "grantor") had to your son (the "grantee"). The downside to quitclaim deed is that if your ex-spouse had any judgments or liens at the time of transfer, those judgments and liens can still attach to the property. A warranty deed, by comparison, contains a promise that the grantor has not caused any liens to affect the property.

You do not state that the deed was ever filed. In most states, the grantor must execute realty transfer tax documents so that the deed can be recorded. If the deed has not been recorded, you should consult a local real estate attorney about getting it recorded.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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Posted

I am not a MO attorney, laws vary from state to state, therefore you should always consult a local attorney.

A quitclaim deed conveyed whatever interest your ex-spouse (the "grantor") had to your son (the "grantee"). The downside to quitclaim deed is that if your ex-spouse had any judgments or liens at the time of transfer, those judgments and liens can still attach to the property. A warranty deed, by comparison, contains a promise that the grantor has not caused any liens to affect the property.

You do not state that the deed was ever filed. In most states, the grantor must execute realty transfer tax documents so that the deed can be recorded. If the deed has not been recorded, you should consult a local real estate attorney about getting it recorded.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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Posted

I'm not clear as to whether father used a quitclaim deed or beneficiary deed. In order to best address this, I encourage you to gather the related documentation and take it to local counsel for a full review.

NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.

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