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When considered false, a legal instrument like a quitclaim deed is instantly void. However, a quitclaim deed signed under false pretenses, while not void, may be considered voidable. Void and voidable are similar concepts. Void deeds are unenforceable at all times and never convey an interest in real estate.
What voids a quit claim deed?
A quitclaim deed is only valid if both parties willingly performed the property transfer. If there is evidence that the grantor was coerced into filing the quitclaim against their will, this is grounds to revoke it.
Do both parties need to be present for quit claim deed?
Signing. Generally, only the grantors are required to sign a quit claim deed because a grantor is the one who is giving up property rights. Both spouses are considered the grantors in a quit claim deed conveying jointly held real property to one spouse, and so both spouses must sign the deed in front of a Notary Public
Can a quitclaim deed be challenged in court?
Typically, anyone who has a financial stake in the transaction can contest a deed. The grantor, representatives for the grantor, and anyone who may have received the property can contest a quitclaim deed. The process for contesting a quitclaim deed includes the following: Gathering evidence to support your claim.
How many people can be on a quitclaim deed?
You can put however many people you want. But quitclaiming part of your interest may not be the best idea.
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How does a quitclaim deed work in KY?
A Quitclaim deed is defined as follows: A deed of conveyance operating by way of release; that is, intended to pass any title, interest, or claim which the grantor may have in the premises, but not professing that such title is valid, nor containing any warranty or covenants for title.
Who benefits the most from a quitclaim deed?
Quitclaim deeds offer a quick, simple way to transfer property ownership, particularly between trusted parties like family members or spouses. However, they come with risks and limitations, making them unsuitable for many property transactions where the buyer wants full protection of their purchase.
Related links
Deeds - Webster County Clerk - Kentucky.gov
The grantor and grantee must sign the consideration statement the signatures must be docHubd. The document must be filed in the county clerks office of the
by W Gilmer Jr Cited by 3 of the instrument, says one Kentucky case,47 and a quitclaim deed conveys land as well as any other deed.48 That Kentucky case was criticized, however, in a
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