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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.

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