Myself and three brothers received property from a trust fund, they would like to give me sole ownership through a quiet claim deed. Two of them are married, their wives are not on the deed. Will their wives have to sign the quiet claim deed?
Short answer...yes. In order to obtain good and marketable title, your brothers' wives will have to join in the transfer for the purpose of transferring their spousal interest (that interest that is part of their marital estate). The failure to obtain your brothers' wives' signatures will affect your ability to sell this property to a third party in the future. Do it right now and save the aggravation down the road. We can offer you any assistance that you might need in the drafting, execution and filing of the deed so feel free to give our offices a call.
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Do not use a quit claim deed. As I have said on this site many times, a quit claim deed is not a deed that conveys an interest in real estate. It may sound technical, but all it does is release a person's claim, if any, to the real estate. Here is why the difference is important. Many title insurance companies will not insure title if the last deed is a quit claim and it came from someone who should have been able to give a special warranty deed. These are your brothers. Get them to sign a special warranty deed. Unless the married brothers are in a divorce, they do not need the signatures of their wives if the transfer is for fair market value. If it is a gift, they must sign.
DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise. James S. Tupitza 212 West Gay Street West Chester, PA 19380 610-696-2600
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