Legal Question in Real Estate Law in Texas

propety

will a quick claim deed override an origanl deed if both of the owners were not able to sign the deed?


Asked on 2/07/07, 10:32 pm

1 Answer from Attorneys

Charles White Charles G. White

Re: propety

It is almost impossible to know what the question is. Here are some basic principles:

1. A deed that is not signed has no effect in connection with the interest of the non-signing party. An exception might exist in regard to non-homestead community property which is signed only by the person whose name is the only name on the record title (the deed originally received by the signing spouse).

2. Sometimes essential parties may have failed to sign an earlier deed. In these cases the non-signing parties sometimes sign a quit claim deed later on to cure this defect so that the current owener will have a complete title. [This may relate to your question].

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Answered on 2/08/07, 10:39 am


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