Full question:
My second husband paid off this residence. I was told to use a quitclaim deed to make him 'half' owner. Did I mistakenly give him 'sole' ownership of this residence?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: National
Answer:
There are two main types of deeds: a warranty deed and a quitclaim deed. A warranty deed guarantees that the grantor owns the title, while a quitclaim deed transfers only the interest the grantor has, without any warranties. This means the buyer takes the property subject to any existing claims or issues.
A quitclaim deed is often used among family members or to clear title when ownership is clear. If you used a quitclaim deed, you transferred whatever interest you had in the property. If you were the sole owner before the deed, your husband would have received sole ownership. If you intended to make him a co-owner, you should have specified that in the deed.
It's essential to review the deed's language to see how the property was conveyed, specifically looking at the names of the grantor and grantee(s). This will clarify whether you transferred the property solely to your husband or to both of you. If the property was owned jointly, all owners must consent to the transfer.
In some cases, a joint tenancy can be created, which allows the surviving tenant to inherit the property automatically upon the death of another joint tenant. However, if you did not specify this in the deed, it may not apply. You should consult a legal professional for specific advice based on your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.