A quitclaim deed is a legal document used to transfer ownership of real property from one person to another. They are most commonly used to transfer the title to property between people who know each other well or to fix an error on the title. Unlike a warranty deed, a quitclaim deed does not have the power to guarantee to the buyer that they will have a full and clear title to the property or that there are no encumbrances attached to it.
Quitclaim deeds are frequently used to transfer ownership between family members, especially in response to a marriage or death. However, with their ease come questions about whether the deed was transferred freely and with intent.
If you believe a quitclaim deed should not be valid, talk with a Katzner Law Group attorney. They can help you navigate the process of contesting a quitclaim deed.
Title vs. Deed
Title refers to the legal right to own a piece of property. Having title to a property means the owner can control how the property is used, exclude others from using it, and transfer ownership of the property to another person.
A deed is a legal document that transfers ownership (title) of the property from one person to another. Deeds can be used to transfer real property, vehicles, and other assets.
A valid deed has the following characteristics:
- It is a written document signed by the grantor or person transferring ownership of the property.
- It specifies the type of deed (e.g., quitclaim, transfer on death, or warranty/grant deed)
- It specifies the names of the current and future owners of the property and the address of the property.
- It must specify the intent of the deed: transfer ownership of the property.
- The grantor must hold title to the property and, therefore, the right to transfer ownership.
- The grantee must willingly accept the deed.
Contesting a Quitclaim Deed
There are potential quitclaim deed loopholes that allow a quitclaim deed to be contested and potentially overturned, though the process can be complicated. The process of challenging a quitclaim deed often requires legal support from your attorney and substantial evidence that the deed was not valid or involved coercion.
Lack of Capacity
Suppose your grandparents planned to transfer ownership of their home to you upon their deaths. This plan was discussed for several years. Your grandmother passes, followed by your grandfather. Upon his death, you find out that your grandfather signed a quitclaim deed that transferred title to his home to the nursing assistant who has been caring for him since your grandmother died. You suspect your grandfather lacked the capacity to understand what he was signing or the implications associated with signing a quitclaim deed. He may not have possessed the competence to understand the deed and may not have meant to transfer ownership of his home to the nursing aide.
A quitclaim deed is a legal document and is a contract between two people, and both signers must be competent enough to understand what they are signing and the implications associated with signing the document.
Undue Influence
Another possibility is that your grandfather was fully competent but was unduly influenced by the nursing aide. Perhaps the nursing aide refused to help him with his daily needs or threatened him in some way if he did not sign the deed. Your grandfather may have thought signing the quitclaim deed was the only way to get the care he needed.
If you believe your grandfather was deceived or lacked the mental capacity to understand what he was signing, you can contest the deed. If this is the case, the deed is fraudulent because your grandfather was intentionally misled into signing the deed, something he would not have otherwise done. Proving undue influence can be difficult, especially if the grantor is no longer living and there is no witness to what occurred.
Forgery
If you believe the signatures on a quitclaim deed are forged or the notarization was false, talk with your probate attorney about contesting the deed. The notary is responsible for validating the signatures on a quitclaim deed and verifying that the signers are freely and willingly doing so. However, if the deed has not been notarized, or the process is flawed, it is not an official deed and cannot be filed with the local recorder’s office.
Proving the signature on a deed was forged can be very difficult, especially if the grantor is deceased. You may need to have a handwriting expert provide testimony in support of your claim.
Contesting a Deed
Typically, anyone who has a financial stake in the transaction can contest a deed. The grantor, representatives for the grantor, and anyone who may have received the property can contest a quitclaim deed.
The process for contesting a quitclaim deed includes the following:
- Gathering evidence to support your claim.
- Following state laws and filing a legal challenge within the statute of limitations.
- Presenting the case in court.
Quitclaim deeds are difficult to overturn, especially if the grantor was competent when they signed it, and there is no evidence of forgery or undue influence. Consult with your Katzner Law Group attorney. They can help you determine whether you have grounds to challenge the deed and guide you through the litigation process.
You can schedule a call with us or reach out to us directly at 855.631.3457 to learn more about how best to plan today to protect those most important to you.