If two people own a home do both parties need to sign a quit claim deed?
A: No both owners do not have to sign a quit claim deed. A quit claim deed is the lowest form of deed in that it says the grantor (seller) is giving whatever title he has to the grantee (buyer). In this situation two owners (Owner 1 and Owner 2) where Owner 1 wants to sell and Owner 2 does not, Owner 1 had to file a partition action to ask the court to order that the whole property be sold. If Owner 1 signs a quit claim deed selling his ½ of the property to a third party (Buyer 1) then Buyer 1 is just stepping into the shoes of Seller 1 and he will have to keep the Partition action going against Owner 2 if he hopes to force a sale. So unless Owner 2 agrees to buy out (or be bought out) of the property Owner 1 is stuck unless the partition action is successful. Anyone who takes a quit claim deed from Owner 1 is only getting whatever rights and/or title that Owner 1 had so Buyer 1 will still have the same issue with Owner 2 that Owner 1 had.
Steven T. Decker is an experienced real estate lawyer, author and speaker. With over 20 years of experience, Steven represents individuals and investors in the purchase of residential and commercial real property. Steven is the author of “The Five Myths that can Ruin the Purchase of Your Home” and he is the publisher of the “New York Real Estate Law Blog”. If you are buying or selling a home or commercial property in Staten Island, New York City or New Jersey contact Steven T. Decker, Esq. to discuss the services that he offers and how his legal representation will assist you.IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Steven T. Decker, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. The content of this website is subject to the Copyright of its author, Steven T. Decker, Esq.
