quit claim deed

[pepper13]

What is the name of your state (only U.S. law)? oklahoma, about 7 yrs ago,when my husband was dying of cancer,he felt sorry for one of my kids(i had six),he decided to feel sorry for her and had me go with him to sign a quit claim deed giving her our property,i did because of his health.this child has never paid taxes,nor paid for any improvements,she also lives somewhere in olympia,wash.i don't know for sure anything else about her.my question is,is there any way to void the quit claim? since this is a homestead,does this also include the house and all furniture and personal items,the deed i still have only describes the two lots,one the house sits on. is there anything that can be done?

 

[justalayman]

my question is,is there any way to void the quit claim?

No.

since this is a homestead,does this also include the house and all furniture and personal items,the deed i still have only describes the two lots,one the house sits on.

It included exactly what was specified in the deed; nothing more; nothing less. A house is considered an improvement on land and as such, is part of the land. It transfers with the land.

 

[tranquility]

While you can't "void" a quitclaim, gifts need to be delivered to be valid. Deeds too. Did you deliver the deed to the child you can't now find?

 

[nextwife]

Was the quitclaim recorded?

Did you sign the quitclaim?

 

[pepper13]

While you can't "void" a quitclaim, gifts need to be delivered to be valid. Deeds too. Did you deliver the deed to the child you can't now find?

no,and she wasn't here at the time it was done,got the quit claim deed printed off the internet and the town notary put her seal on it

 

[pepper13]

Was the quitclaim recorded?

Did you sign the quitclaim?

my husband and i signed the quit claim in the presence of a notary,when he was alive,it is in the county courthouse,it is recorded in her name,she has never paid any taxes or contributed to any upkeep,i do all this,i did not give her any paperwork

 

[Ohiogal]

my husband and i signed the quit claim in the presence of a notary,when he was alive,it is in the county courthouse,it is recorded in her name,she has never paid any taxes or contributed to any upkeep,i do all this,i did not give her any paperwork

Cool. It is recorded. SHE owns the house and property. You are paying for things but consider that that is rent.

 

[pepper13]

qiut claim deed

While you can't "void" a quitclaim, gifts need to be delivered to be valid. Deeds too. Did you deliver the deed to the child you can't now find?

she does not have the quit claim deed,nor any paperwork,i don't know where it is now,but i didn't give her anything

 

[Ohiogal]

she does not have the quit claim deed,nor any paperwork,i don't know where it is now,but i didn't give her anything

IT was RECORDED. That means there is a record of the transaction. Your daughter can get a copy of the deed from the recorder's office. You didn't have to give her anything. The original was filed. So therefore SHE owns the property and YOU do NOT. You and your husband voluntarily gave it to her -- at least whatever it was YOU and YOUR HUSBAND owned at the time.

 

[tranquility]

IT was RECORDED. That means there is a record of the transaction. Your daughter can get a copy of the deed from the recorder's office. You didn't have to give her anything. The original was filed. So therefore SHE owns the property and YOU do NOT. You and your husband voluntarily gave it to her -- at least whatever it was YOU and YOUR HUSBAND owned at the time.

I hate property, along with civil procedure, as it can be quite subtle and difficult to really know the law. However, I disagree that recording will transfer ownership. The deed must be delivered. I don't know what the facts are or what the OP can prove, but it is well worth her while to see an attorney.

See also:
State v. Leecraft, 279 P. 2d 323 - Okla: Supreme Court 1955

Part of the discussion:

The only evidence counsel can or does point to for support of their contention that plaintiff's deed was not delivered to him until its recording after the entry of its judgment is the statement of the abstractor, Stewart, that after he took the grantors' acknowledgment on the deed he "gave it back to Mr. Leecraft." We think this one line of testimony insufficient (in the absence of any other evidence of any character whatsoever on the subject) to overcome the presumption, which accompanies the recording of a duly executed deed, that it was delivered on the date of its execution. See McKeever v. Parker, 204 Okl. 1, 226 P.2d 326 425, in which it was also held that the burden of proving non-delivery is upon the party alleging it. Here, we do not think (as the trial court evidently did not) that this bit of testimony is sufficient to discharge defendant's burden in that respect in view of the cited presumption to be overcome.

 

[Ohiogal]

I hate property, along with civil procedure, as it can be quite subtle and difficult to really know the law. However, I disagree that recording will transfer ownership. The deed must be delivered. I don't know what the facts are or what the OP can prove, but it is well worth her while to see an attorney.

See also:
State v. Leecraft, 279 P. 2d 323 - Okla: Supreme Court 1955

Part of the discussion:

OP not delivering it does not mean no one delivered it.

 

[tranquility]

I agree. I also agree the recorded deed will be presumed to be delivered and the OP does not seem to know what happened, let alone have the ability to overcome the presumption.

 

[pepper13]

What is the name of your state (only U.S. law)? oklahoma, about 7 yrs ago,when my husband was dying of cancer,he felt sorry for one of my kids(i had six),he decided to feel sorry for her and had me go with him to sign a quit claim deed giving her our property,i did because of his health.this child has never paid taxes,nor paid for any improvements,she also lives somewhere in olympia,wash.i don't know for sure anything else about her.my question is,is there any way to void the quit claim? since this is a homestead,does this also include the house and all furniture and personal items,the deed i still have only describes the two lots,one the house sits on. is there anything that can be done?

there was no house on it 1921 when it was bought,just land,if the it is bought with 1.00(which was never paid,as buyer wasn't in the state) can i as tenet,put a lien against the property for necessary repairs that was paid out of my own pocket,also i've always paid the taxes on it

 

[Ohiogal]

there was no house on it 1921 when it was bought,just land,if the it is bought with 1.00(which was never paid,as buyer wasn't in the state) can i as tenet,put a lien against the property for necessary repairs that was paid out of my own pocket,also i've always paid the taxes on it

Did you have a contract with her that she would repay you for any of the repairs or taxes that you paid while you were living there? And if the deed was transferred, you lose on the $1.00. Time to contact your daughter and see what you can work out.

 

[latigo]

Knotty problem, eh?

Does the unilateral recording of a deed by the grantor constitute constructive delivery? The register of deeds certainly wasn’t the agent for the grantee, didn’t receive it in escrow or in trust for the grantee’s benefit. . .

But if the grantee was never made cognizant of the deed's existence, how can it be said that the requisites of both delivery and acceptance occurred?

Avoid the QCD?

Even given no present evidence of acceptance by the grantee - (and conveniently bypassing the question of when must acceptance be expressed - concurrently/subsequently . .) - to unwind the deed the OP is faced with some evidentiary presumptions that must be overcome by clear and convincing evidence.

Also, it doesn’t appear that OP could quiet out her daughter inasmuch as she couldn’t claim adversely before the making of the QCD and that has been well short (8) of the 15 years as required in her state.

Taxes? Upkeep?

Maybe a big reach at unjust enrichment, but plenty of off sets.

______________________

But why can't she just ask her daughter to re-convey or at least grant her a life estate?

Is she likely to throw mother out on the street?

[SUP]And if anyone were to voluntarily choose to move from Olympia, Washington to anywhere in Oklahoma they ought to check into the nearest mental clinic for the help they need. But then I suppose there are some hearty soles that enjoy triple digit temp and the thrill of back to back to back tornadoes, sans the “yellow brick road” and its improbable playmates.[/SUP]