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Dec 6, 2018
3:21:38pm
BYUMizzou All-American
CB Lawyers - can you explain the logic of this title company decision?
Client owns a piece of property they want to sell. The property was originally owned by Client, Client's husband, Client's son, and the son's wife. Ownership was joint tenancy with right of survivorship.

The son and his wife get a divorce. Wife executes a quitclaim deed back to client, client's husband and son. Apparently the QC deed was recorded before the divorce was final.

A few years later the son passes away.

A few more years go by and the husband passes away.

Client is the sole owner of the property due to the QC back from her ex-daughter-in-law and joint tenancy language in the original deed.

We sign a contract to sell, and the title company says that we need to track down the ex-wife of the son and get her to sign another quitclaim deed for the property because there was a spousal interest owned by the son at the time she executed the QC deed that didn't get transferred. I asked them to explain, pointing out that whatever spousal interest the son might have had in his wife's 1/4 joint tenancy ownership interest would just have been retained by him. When he died, it passed to the remaining owners via the joint tenancy language.

Is there a rationale for what the title company is requesting (tracking down the ex-wife of someone who has been dead for 10 years and asking them to sign another QC deed)? If there is, I don't see it.
BYUMizzou
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Mark Harlan
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BYUMizzou
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