Can I quit claim property to someone even if the title is not clear?

UPDATED: Oct 2, 2022

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Can I quit claim property to someone even if the title is not clear?

I was quit claimed fl property after my mother’s passing. The deed had my grandmother and grandfather’s names on it as well, all of whom are now deceased, so I am the only living person on the deed. However, my

grandparents’ names remain. I cannot afford to put it through probate to solve the issue. Can I legally quit claim it to someone else for a sum and let them put it through probate and apply for quite title themselves?

Asked on October 11, 2019 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can quit claim YOUR interest in the property (the only interest you have at present, since the estate did not go through probate) to another person IF you fully (in writing, signed by them that they received it, so you can prove this) disclose to them the title issues. If they choose to purchase your interests (what you will quitclaim) with full knowledge of the challenges, hoping to deal with it later, that is their choice. But you most be 100% clear as to what they getting and what the challenges are; if you fail to disclose properly, you will have committed fraud.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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