Deeds & Conveyances​

With access to online legal forms readily accessible to the general public, it is easy to access deed forms.  But it is also easy to forget that with these legal documents comes “great responsibility.” “Practicing” law without the requisite knowledge can and very often does have legal and financial consequences.   

Give us a call today to discuss what you are trying to accomplish with your deed.  Call us before you sign any conveyance instrument.  

Deeds & Conveyances​

Deeds are the documents that legally transfer property interests. There are a few types of deeds that convey title, depending upon your jurisdiction. Among them are: (1) Warranty, (2) Covenant (3) Trustees, (4) Ladybird, (5) Sheriff, and (6) Quit Claim. This list is not exhaustive, but suffice to say, each type of deed has its own purpose, conveying different ‘guarantees’ of ownership to a grantee. But only the “lowly” quit claim deed comes without grantor representations or warranties. In essence, a grantor of a quit claim deed basically says to the grantee, “I may own this property, but I can’t guarantee you that someone else doesn’t have a better claim to it. Oh, and by the way, if someone else does have a more superior interest or claim to the property that I am deeding to you here, don’t expect me to do anything to help in defending your rights to the property.” As a legal document it sounds pretty useless doesn’t it? Yet, with the proper legal guidance and due diligence, a quit claim deed can be an effective transfer instrument.  

 

With access to online legal forms readily accessible to the general public, it is easy to access deed forms.  But it is also easy to forget that with these legal documents comes “great responsibility.” “Practicing” law without the requisite knowledge can and very often does have legal and financial consequences. 

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FAQs

Frequently Asked Questions

Yes. Generally, a quit claim deed can be executed and recorded without having to pay back property taxes. This is different than issuing a warranty deed, where the county register of deeds will require all property taxes to be paid current before recording.

If you have a half interest in a home as tenants in common with another owner, you can sell your interest without the other owner’s permission. Or you can also file a partition action that requests that the court to order that the home be sold and that the sales proceeds be split in accordance with your legal interest.

The only way you can be removed from the deed is either with a court order or by your own endorsement.

First, how does the deed list your mother’s interest?  Is this a Quit Claim Deed? A Warranty Deed? A Covenant Deed? A Ladybird Deed? Second, does she want you to hold it Jointly with Rights of Full Survivorship or as Tenants in Common? If you don’t draft deeds on a regular basis, it is probably best to use a real estate attorney to properly convey title to a property. That way you know it is done right and there are no far reaching legal or tax consequences. 

In the event of a break up, it’s important to have an agreement at the onset that addresses how the parties will split sales proceeds or specifies when a property is to be sold or refinanced.   Real estate attorneys create these agreements in advance BEFORE you sign a deed or purchase a property.

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Why Clients Choose Us

Soble Law, led by attorney David Soble, is a boutique law firm based in Michigan, focused on real estate law, probate, and contract litigation. With over 35 years of legal and big corporate banking experience, David Soble and his legal team offer a niche alternative to large national firms to informed clients who value senior-corporate-level counsel, financial and realty-industry insight, and education-forward service. They provide practical legal solutions that protect clients’ property and financial interests. Known for their no-nonsense approach, the firm represents individuals, families, and businesses across Michigan and Ohio, offering clear guidance through complex legal matters.

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For most people, their home, or other real estate, is the most valuable asset that they own. We're dedicated to protecting our clients' assets and ensure that their legal interests...

We Reduce Legal Exposure & Financial Risk. Every Day.

Real Estate Law

Real estate and finance law are their own legal specialties. So how do you determine which attorney you should work with...

Contract Law

Contracts regulate expectations between parties. Working without a contract is comparable to walking a high wire without a net.

Business Law

Attorneys having years of both practical business experience as well as legal expertise are rare. David Soble is one of these...

Financial Disputes

David Soble has decades of experience as a 'big bank insider." He and his business management team are uniquely situated when it comes to handling our clients stressful financial....

Litigation

We regularly and successfully litigate real estate and contract issues. While we prefer to first resolve our client's issues reasonably and amicably, we can and certainly will escalate....

Probate & Estate Planning

For most people, their home, or other real estate, is the most valuable asset that they own. We're dedicated to protecting our clients' assets and ensure that their legal interests...

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