Can a Quitclaim Deed Be Contested?

Gabriel Katzner - January 25, 2025 - Real Estate
Can a Quitclaim Deed Be Contested?

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:

  1. Gathering evidence to support your claim.
  2. Following state laws and filing a legal challenge within the statute of limitations.
  3. 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.

Gabriel Katzner

In 2002, Gabriel Katzner, the founding partner of Katzner Law Group received his Juris Doctorate with honors from the Fordham University School of Law. After spending the first 7 years of his legal career
practicing at Cahill Gordon & Reindel LLP, an international law firm based in New York, he went on to found his own firm.

Gabriel Katzner has a track record, along with a vast number of outstanding public reviews across platforms, of working hard on behalf of individuals who need assistance with comprehensive
estate planning services. Finding a lawyer who is knowledgeable about revocable and irrevocable trust planning, guardianship for minor children, asset protection, trust administration and probate,
as well as Medi-Cal / Medicaid planning is extremely important.

Years of experience: More than 17 years
Locations: New York, NY / San Diego, CA



#

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. Furthermore, it has received approval from attorney Gabriel Katzner, an experienced estate planning lawyer with over 17 years of legal expertise.

Online Appointment Request

Schedule Consultation  

or

Call Our Office

  (855) 528-9637