99.5k views
4 votes
Through the divorce process, Gail was granted ownership of the couple's vacation timeshare. Gail is ready to sell the timeshare but discovers that her ex-husband Daniel's name is still on the deed, creating a cloud on the title. What should Gail do?

a. Ask Daniel to sign a general warranty deed so the new buyers enjoy all the deed covenants.
b. Ask Daniel to sign a quitclaim deed to release his ownership share.
c. File a quiet title suit against Daniel.
d. Purchase a title insurance policy for the new owners to cover any eventual ownership issues.

1 Answer

4 votes

Final answer:

Gail should ask her ex-husband Daniel to sign a quitclaim deed, as it effectively releases his ownership interest in the property, clearing the cloud on the title in a straightforward manner.

Step-by-step explanation:

If Gail has been granted ownership of the vacation timeshare, and her ex-husband Daniel's name is still on the deed, creating Improper Spacing a cloud on the title, the most appropriate step for her to take is to ask Daniel to sign a quitclaim deed. This legal instrument effectively releases his ownership share and any interest in the property without making any warranties about the status of the property title. This is generally a faster and less complicated process than the other options listed.

It would not be appropriate to ask for a general warranty deed in this context, as this involves the grantor issuing a set of guarantees to the grantee concerning the quality of the title, which may not be necessary if Daniel is simply releasing his claims. A quiet title suit would only be necessary if there was a dispute over the title and would be more time-consuming and costly. Meanwhile, purchasing a title insurance policy for the new owners does not resolve the existing title issues and might not be adequate to address all potential legal challenges.

User Qimolin
by
8.6k points
Welcome to QAmmunity.org, where you can ask questions and receive answers from other members of our community.

9.4m questions

12.2m answers

Categories