Legal Question in Real Estate Law in California

Quitclaim Deed

My two siblings and I inherited our family home after the death of our remaining parent. Two of us agreed to keep the home and buy out the interest of the other. I would like to know if this can be done by using a legal quitclaim deed form? Also since we are in agreement can we execute this ourselves or do you recommend using a title company? The one selling their interest lives out of state. Also since there are two of us as second party/grantees is one quitclaim deed form enough?


Asked on 9/12/05, 10:56 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Quitclaim Deed

You should probably have some sort of written agreement showing what you are paying for the other sibling's share. You should also obtain title insurance. If the sibling being bought out has any liens against him, and they are not paid, you could find yourself liable.

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Answered on 9/13/05, 11:57 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Quitclaim Deed

I think in dealing with fractional interests such as one-sixth from A to B and one-sixth from A to C (assuming A is the seller and B and C are the buyers), it would be safer to have a title company prepare the deeds for you, after looking at how you now hold title, post-administration-of-estate.

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Answered on 9/13/05, 2:53 am


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