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Deed versus Title?

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PennyT123

Junior Member
My mother and father bought a home 32 years ago, but eventually got a divorce 7 years after that.

Although my mother signed the divorce papers, she never signed anything turning the house over to my dad (whom I have been estranged from since the divorce)...no Quit Claim Deed, etc.

My father remarried and a title search indicates his name and his new wife's name on the property. However, my mother insists that the house deed is still in her name. That explains why he has never sold the house and it has remained as an unattended rental all these years.

Does my mom have a point? That the house deed is still in her name? That although the title is not, that house cannot be sold without her signature?
 


justalayman

Senior Member
a deed is merely a method of conveyance of title. Title is a statement of ownership. A title search is when one researches the title as it is deeded to another to discover the true owner as well as other encumbrances and claims.

If mom has never deeded her share to another, she would seemingly still be at least a partial title holder.

Title holders are the owners of a property. There are many deeds involved with most any property.

If a title search was done, you should be able to follow the title and find out when she apparently lost title. If transferred improperly or illegally, she would have a claim for the house.
 

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