How Do I Get a Deed Corrected to Remove an Owner?

Full question:

My husband and I purchased a parcel of vacant land. The seller sent us the quit claim deed with my husband, myself and another party as the owners. I didn't notice the other name because it had white out over the name. When I received the tax notice, I realized the problem, called the tax office and they said the quit claim deed would have to be resubmitted by the seller. The seller is giving me the run around, what are my options?

Category: Real Property
Subcategory: Sales
Date: 04/07/2025
State: Nevada

Answer:

A quiet title or trespass to try title action is the method of determining title to lands, including land that is claimed by another who puts up a fence around it. In a quiet title action, it is possible to ask the court to issue an injunction to force another to do or refrain from doing an act. An injunction is an equitable remedy that the court may order when money damages will be inadequate to remedy the harm suffered. The court may also order records to be corrected to reflect true ownership of property. If the defendant doesn't appear or file an answer to the complaint, a default judgment may be entered in the plaintiff's favor.

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.

FAQs

What voids a quit claim deed?

A quit claim deed can be voided if it was executed under duress, fraud, or if the grantor lacked the legal capacity to transfer the property. Additionally, if the deed does not meet state requirements, such as proper notarization or witnessing, it may be considered invalid. If there are errors in the deed, such as incorrect names or descriptions, those can also lead to disputes about its validity.

Does a quit claim deed override a divorce decree?

A quit claim deed does not automatically override a divorce decree. If the divorce decree specifies how property should be divided, that agreement typically takes precedence. However, if a quit claim deed is executed after the divorce that transfers property, it may affect ownership. It's essential to follow the terms of the divorce decree to avoid legal complications.

What is a disadvantage to a buyer receiving a quitclaim deed?

One major disadvantage of a quit claim deed is that it offers no warranties or guarantees about the title. The buyer assumes all risks regarding any claims or liens against the property. If there are issues with the title, such as unresolved debts or disputes, the buyer may be responsible for resolving them without recourse against the seller.

What happens after a quit claim deed is recorded?

After a quit claim deed is recorded, it becomes a public record, establishing the new ownership of the property. This recording protects the new owner's rights against future claims. However, it does not guarantee the title is free from defects or other claims. It's advisable for new owners to conduct a title search to ensure there are no outstanding issues.

How long does a quitclaim deed give you ownership?

A quit claim deed transfers ownership immediately upon execution and recording. However, the actual ownership rights depend on the validity of the deed and any existing claims against the property. If there are issues with the title, ownership may be challenged, and the new owner may need to resolve those disputes to maintain clear title.

What is a spousal disclaimer quit claim deed?

A spousal disclaimer quit claim deed is a legal document used when one spouse relinquishes their interest in a property to the other spouse. This type of deed is often used in divorce proceedings or estate planning to clarify ownership. It allows the disclaiming spouse to formally state they are giving up any claim to the property, which can simplify the transfer of ownership.