Land deed

[sbvol]

What is the name of your state? TN
My father deeded over 2 acres to me to build a house. My wife has left and wants the house sold.But after digging around I found that my mother never signed the quick claim deed, only my father. Is the deed valid? Both my parents names are on the land?

 

[HomeGuru]

What is the name of your state? TN
My father deeded over 2 acres to me to build a house. My wife has left and wants the house sold.But after digging around I found that my mother never signed the quick claim deed, only my father. Is the deed valid? Both my parents names are on the land?

**A: the deed is enforceable at least with respect to a 50% interest that father had. There is now a title problem.

 

[nextwife]

How did they own it before Dad's QC??

HG, a question:

TN does allow tenants by the entireties if husband and wife. If it had been held as such, would one party be able to QC?


I found this:
http://db.inman.com/bruss/columns/column.cfm?StoryId=030801BB4&Display=story

JOINT TENANTS CAN SECRETLY TRANSFER THEIR SHARE. A joint tenant can secretly transfer his/her title without permission of the other joint tenant(s). However, husband and wife tenants by the entireties require concurrence by both spouses.

The most famous example occurred in the 1980 case of Riddle v. Harmon (162 Cal.Rptr. 530). The joint tenant wife secretly signed and recorded a deed from herself as a joint tenant to herself as a tenant in common. Then she died. Her surviving husband was shocked to discover that deed ended the joint tenancy so he was not a surviving joint tenant. The court ruled her tenancy in common half of the property was subject to her will, which left her share to a third party. The widower husband only owned half of the property, rather than the 100 percent he expected as surviving joint tenant.

 

[seniorjudge]

Q: TN does allow tenants by the entireties if husband and wife. If it had been held as such, would one party be able to QC?

A: No, but as HG points out, this sure makes a big title mess.

 

[nextwife]

Indeed it does.

Yest another example of why one
Shouldn't Even buy a house from your own Mother without Title Insurance.