Q: I have another question about “Quitclaim Deeds.” My wife owned a house prior to our marriage. After we got married, she filed a quitclaim deed to add myself as a co-owner to the house. Is this a correct and legal use of the quitclaim deed? Additionally, because quitclaim deeds offer no warranties, does my wife’s original title insurance still protect her, myself, or both?
A: Quitclaim deeds are one of the most misunderstood documents in real estate, so it’s useful to go over this again for readers who may have missed my previous columns on this subject.
First, let me explain what a “quit claim deed” is.
It is a document that transfers (“quits”) whatever ownership interest that you have in a piece of real estate to another person or entity.
For example, I could grant you a quit claim deed to Safeco Field, and it would be a perfectly legal document. However, it would NOT mean that you own the home of the Seattle Mariners.
As I explained above, I would be “quitting” any legal ownership interest that I may have in that property and transferring my ownership interest to you. That is all that a quit claim deed does. There is no warranty that I have any ownership interest in Safeco Field, I am simply giving you whatever interest that I may have. Since I don’t own any legal interest in Safeco Field, the quit claim deed would be a worthless piece of paper.
By contrast, a “warranty deed” is a type of deed in which the person granting the deed warrants that they are the legal owner of the property being transferred to the buyer. That’s why most real estate transactions in this state use a warranty deed. Quit claim deeds are usually used only between parties who know each other well and don’t need proof that the grantor of the deed actually owns the property. A common example is a divorce, where the jointly owned home is transferred from the married couple to one spouse.
In your case, your wife used a quit claim deed to add your name to the title of the house after your marriage. That is another common use of a quit claim deed and it is perfectly appropriate. However, your wife’s title insurance policy does not protect you because you were not on title when that policy was issued. The purpose of title insurance is to identify all liens and ownership claims against a specific property as of a certain date.
When you buy a home, the title insurance insures clear title up to the date that the purchase transaction closes. In the case of a refinance, title insurance insures clear title up to the date that the new mortgage loan closes. Unless you purchased a new title insurance policy when your wife recorded the quit claim deed adding you to the title on the property, you would not be covered.
However, this is not something you really need to worry about very much because I assume that you are aware of any loans or liens that existed against the property at the time that your name was added to the title. Your wife is the person who is most at risk in this transaction because adding your name to the title of the property does NOT add your name to the mortgage on the property. The loan is in your wife’s name only, so you have the best of all worlds: you are part owner of the home but you have no obligation to make the loan payments.
If you refinance the mortgage on the home in the future, you will both be required to sign the loan documents because you are now both on title to the property.
|
RSS feed
