11/29/2025
Be extremely cautious about signing a deed adding additional parties, and/or creating and drafting deeds.
Years ago, Sara conveyed a warranty deed adding her significant other to her title. Present day, and 10+ years later, the relationship has long been over, and Sara is interested in placing her home & property on the market. Sara will need the consent of her ex-significant other, or a court order to convey the property.
Fortunately for Sara, a letter with a draft lawsuit was enough to convince the other party to enter negotiations. After a few counteroffers, we were able to reach a satisfactory conclusion that benefitted both parties.
However, this is commonly referred to as divorce without marriage. Once a deed is signed conveying an interest in real property, the receiving party (Grantee) must consent and sign a deed conveying that interest. In the event a party will not sign a deed, it may require the filing of a particular action in court to transfer property. These actions can be costly and require months or years to properly adjudicate in court.
Once you sign a deed, conveying an interest in property, you will generally not be able to undo it without the consent of the party the interest was previously conveyed to.
“Do I own property with someone’s children or spouse after their death?” You may!
“If I die owning property with someone else, will my heirs/ beneficiaries (spouse and children) get the property?” Depends!
“What if someone on title with me is sued by a creditor, goes bankrupt, or is liable for an accident involving injuries, will I keep the property?” Maybe!
“Did I properly convey the correct property, to the correct grantee(s), and will it hold up to a legal challenge?”
We cannot predict the future. However, we can plan for your future and make sure you have taken the necessary and appropriate steps to protect you, your family, and your future.
If you have questions, please call Ellison Law at 770-530-9343.