Should we use a quitclaim deed transfer to remove my uncle from my dad’s house deed?

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Should we use a quitclaim deed transfer to remove my uncle from my dad’s house deed?

My dad was willed his sister’s house in late 1990’s. He now is in assisted living and we would like to sell. However, I just found out my uncle was added to the title 7 years ago with a Bargain and Sell Deed. However, my dad has been paying all taxes and expenses. Can we use a quitclaim deed transfer to remove my uncle’s from the title? Are there any other considerations in this case?

Asked on February 10, 2012 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is best to have a grant deed versus a quitclaim deed for the transfer of your uncle's interest in the property you are writing about. However, either will work. A grant deed is a warrantly deed as to the grantor having title to transfer to the grantee. A quitclaim deed is simply a disclaimer of the grantor's interest in the property to the grantee.

I suggest that a real estate attorney be consulted to draft either the grant deed or the quitclaim deed.


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