Quitclaim Deed-- valid?

[KMC78]

What is the name of your state? Wisconsin. (please note that wi is a marital property state). I am trying to help a friend on this one! Person A and Person B are married (many years) and own a vacation-type property (jointly). Person A is seeking to clean up their "financial affairs" as A will eventually file for legal separation. In the midst of all of this, person B does not know of the intent of person A. Person A asks person B to sign some "paperwork" that has to go to the bank before it is late. A is very persistent to "just sign here" so B does. Over 2 years go by, and A files for legal separation. Now it appears those papers from 2 years ago was actually a quitclaim deed. If this is the case, it is obvious that B was tricked. Also, since B was signing rights over, wouldn't B have had to sign the paperwork in front of a Notary Public? (Notary Public was not present for the signature of these papers) I am very concerned on the legality of this and have spent many nights reading the statutes, laws, and any website information I could find. Will this quitclaim deed hold up in court?

 

[cclovins]

If a Notary Public did not witness it it is not valid.

 

[HomeGuru]

If a Notary Public did not witness it it is not valid.

**A: I disagree. The deed could still be valid even without notarized signatures of the parties. Could the deed without notary be void, voidable or unenforceable?
Did the signed deed show intent of the parties even if there was no notary and unrecordable in its present form?

 

[KMC78]

GOod Faith

I do not see how it can be a valid Quit claim deed without the signature of the grantor being witnessed and signed by a notary. In order to file the quitclaim deed with the register of deeds, it must be notarized. How can a person prove that the deed was entered into in good faith?

 

[HomeGuru]

Re: GOod Faith

I do not see how it can be a valid Quit claim deed without the signature of the grantor being witnessed and signed by a notary.

**A: there is no law that states that a Quit Claim Deed is not valid if the signatures are not notarized.
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In order to file the quitclaim deed with the register of deeds, it must be notarized.

**A: correct but the deed was not recorded.
I agree with your thoughts that B got tricked and this would be a claim and cause of action for B in litigation.
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How can a person prove that the deed was entered into in good faith?

**A: good faith has nothing to do with the notary public issue. The notary is to make sure that the person signing the document signed under his/her free act and deed.
I would agree that B would win in court if the facts were presented in support of B ie. signed under duress, tricked, Grantee acted in bad faith etc. and not on the basis that the deed was not notarized. Because if B lost the case, the Court would just rule intent, the deed was in fact valid but unrecordable and therefore B must sign a new deed and have it notarized for recordation purposes.
The main purpose in my first response was for a specific reason because cclovins did not give the correct answer.

 

[KMC78]

Valid Points

Thanks for the information! Those were some valid points you raised, and may just help!

 

[HomeGuru]

Good luck to both A & B.

signed,
C