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  1. #1
    stormee Guest

    Validity of quit claim deed and proving invalid

    What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?

    California is where the quit claim deed is recorded.

    Through a private contract a quit claim deed was deeded to two sisters with the promise of sharing and now one does not want to share.

    The property was inherited but had not gone through probate.

    I am of the understanding now that one cannot give away something through quit claim that is not owned.

    There were thoughts of selling to an investor and they clainm that the quit claim is valid.

    Is there a way of proving quit claim not valid or of canceling the quit claim deed or do I need to cancel something that I am feeling is not valid.

    I sent in a quit claim override but it was refused due to format.
  2. #2
    JETX is offline Senior Member
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    Your post is extremely confusing and lacking in detail...... however, if the property was NOT legally owned by the party/ies who sign the quit claim, the quit claim is not valid. Simply, you cannot deed something you do not own.

    I would suggest reviewing the title record to the property and if it was not properly transferred to the two 'sisters' on the death of the recorded owner.... then the 'sisters' quit claim(s) would not be valid.
  3. #3
    stormee Guest
    The property had not gone through probate so I am assuming that means that it was not legally owned to quit claim away.

    Now that there is a recorded quit claim deed how does one prove that the quit claim is invalid.

    Who do I inform that the quit claim is invalid, the County clerk, the judge for probate, or the sisters. How does one inform the right party?
  4. #4
    dworrill is offline Member
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    A quitclaim deed is a deed by which a grantor transfers only the interest the grantor has at the time the conveyance is executed. There are no implied warranties in connection with a quitclaim deed. This type of deed guarantees nothing and there is no expressed or implied warranty that grantor owns the property or any interest in it. Moreover, a quitclaim deed does not convey any after-acquired title. A quitclaim deed effectively says, I am conveying all the title that I have in the property described in this quitclaim - if I have, in fact, any title.

    Deeds that are void and pass no title even in favor of a bona fide purchaser for value include:A deed purely testamentary in character, i.e., when the grantor intends that the deed not become operative until his death.

    You don't have enough facts

    DAM
  5. #5
    stormee Guest
    Thanks

    I found out how to do it !!
  6. #6
    HomeGuru is offline Senior Member
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    Quote Originally Posted by stormee
    Thanks

    I found out how to do it !!
    **A: Ok, please tell us what you did.

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