Did the Quitclaim deed affect my rights to the house proceeds?

Full question:

My mother purchased a house with cash in 2000 in Mcdonough Georgia, Henry County. In 2003 she created a Joint Tenancy with Rights of Survivor placing her name, my brother-in-laws name and my name on the deed. In 2004 my brother-in-law remarried so my mother had his name removed from the Joint Tenancy with Rights of Survivorship with a QuitClaim that he signed. This left the deed in My mother's name and my name. She passed away in September 2010. I am trying to sell the house but have been told that the Quitclaim severed the rights of Survivorship and the proceeds from the sale of the house has to go into my mother's estate. Can you speak to this. (Note: I live in Westminster, Maryland but the house in question is in McDonough, GA Henry County.

• Category: Real Property
• Subcategory: Joint Tenants
• Date: 04/07/2025
• State: Maryland

Answer:

Removing someone from a deed does not automatically change the remaining owners' rights from joint tenancy to tenancy in common. The specific language in the deeds is crucial. Generally, a joint tenancy is a shared ownership where, upon the death of one owner, the surviving owner automatically inherits the entire property. However, if a joint tenant's rights are severed, this can change the ownership structure. In your case, your mother removed your brother-in-law from the joint tenancy using a Quitclaim deed. This action typically severs the joint tenancy rights between your brother-in-law and the other joint tenants, which may leave you and your mother as tenants in common. In a tenancy in common, there is no right of survivorship; thus, the deceased tenant's share goes through probate and into their estate. To confirm the exact implications of your situation, including the effect of the Quitclaim deed, it's advisable to consult a local attorney who can review the deeds and provide guidance based on Georgia law. Users can search for state-specific legal templates at .