QUESTION
can a quick claim deed be voided if my status changed?
Asked on Aug 27th, 2015 on Real Estate - California
More details to this question:
my mom signed a quick claim deed to my sister and me before she died. to her house. i was married then. I signed a quick claim deed over to my sister when i was going thru a divorce. she never filed it. she just wanted it just incase my husband wanted the house. she said she wont give it back. can i file a status change with my moms quick claim deed from married to single and would that void the quick claim deed that i signed to my sister?
1 ANSWER
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A quitclaim deed is valid or invalid at the time it is signed and delivered to the transferee. It does not have to be recorded with the county recorder to be valid. Changing your status from married to single won't change the validity of the quitclaim deed.
If the quitclaim deed was not meant to transfer your interest, but really just to have your sister hold your interest until a future date, then your remedy is to file a quiet title action to have the court grant you your interest. At the same time, you can file a partition action to have the court order the sale of the home and the proceeds divided between you and your sister. In the partition action, one of you can purchase the home from the other.
Answered on Aug 27th, 2015 at 5:15 PM