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Once you sign a quitclaim deed and it has been filed and recorded with the County Clerks Office, the title has been officially transferred and cannot be easily reversed. In order to reverse this type of transfer, it would require your spouse to cooperate and assist in adding your name back to the title.
A signed quit claim deed overrides a will, because the property covered by the deed is not part of the estate at your mother's death.The deed needed to be notarized to be valid.
The term 'deed' refers to an instrument, like a written document that is signed by all the parties to a contract, in this case, the seller and buyer. It is a binding contract that is enforceable in a court of law. A conveyance deed is, therefore, a contract in which, the seller transfers all rights to the legal owner.
The grantor must sign the deed according to the law in every state and county. The grantor's signature finalizes the transfer of ownership, and quitclaim deeds aren't considered valid unless the grantor signs them. A certified notary public must typically be present as the grantor signs.
A quitclaim deed is dangerous if you don't know anything about the person giving you the property. You should be sure that a person actually has rights to a property before signing it over with a quitclaim deed.
Contesting A Quitclaim Deed Contesting the validity of a quitclaim deed must prove that one of the stipulations described above is invalid, that the deed was filed under false pretenses (e.g., the grantor's signature was forged) or that the grantor signed the deed under duress.
The drawback, quite simply, is that quitclaim deeds offer the grantee/recipient no protection or guarantees whatsoever about the property or their ownership of it. Maybe the grantor did not own the property at all, or maybe they only had partial ownership.
A quitclaim deed transfers title but makes no promises at all about the owner's title.A person who signs a quitclaim deed to transfer property they do not own results in no title at all being transferred since there is no actual ownership interest. The quitclaim deed only transfers the type of title you own.