Quitclaim Deed
REM #LAW808
By Ilyce R. Glink and Samuel J. Tamkin
Summary: A woman says she signed a quitclaim deed to her ex-husband and then he died without a will. She wonders who owns the property after his death and her signing of the quitclaim deed. It depends on state laws but first claim usually goes to family members.
Q: I signed a quitclaim deed to my ex-husband. He died without a will. Who owns the property?
A: When you signed a quitclaim deed to your ex-husband you lost your ownership right to the property. So for starters, you would not have an interest in the property.
If he owned the property with somebody else, it's possible that other person will now become the owner of the property, particularly if he and that other person owned the property jointly with rights of survivorship.
If he owned the property by himself and died without a will, your state's laws would have to determine who will get the property. If your ex-husband died and had no children, his parents or siblings will become owners of the property. If your ex-husband had children with you or from a prior or subsequent marriage, those children will become the owners of the property, or perhaps share ownership with your ex-husband's living parents.
If he was the only owner of the property, his closest relatives as determined by the state laws in which the property is located will need to probate his estate to have the court transfer title of the property from his name to the new owners.
NOTE: Samuel J. Tamkin is a Chicago-based real estate attorney. Ilyce R. Glink's latest book is 100 Questions Every First-Time Home Buyer Should Ask. If you have questions for them, write: Real Estate Matters Syndicate, PO Box 366, Glencoe, IL 60022 or contact them through Ilyce's website www.thinkglink.com. © 2008 by Ilyce R. Glink and Samuel J. Tamkin. Distributed by Tribune Media Services.
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