Legal Question in Real Estate Law in Colorado
Quit Claim Deed
My husband purchased our home new from a builder in 1982 and 6 month later after we were married quitclaimed the deed from him to him and me as joint tenants in 1983, and both our names are on the mortgage. This was 18 years ago. We both have grown children from a previous marriage and we both combined our money that we brought into this marriage. Most of my assets went into this home. Question is, can my husband add other people with additional quit claim deeds without my knowledge, I believe that he has done just that, but it is not recorded with the County Clerk and Recorder. Thanks for your help.
1 Answer from Attorneys
Re: Quit Claim Deed
If you are indeed joint tenants, then the deal will read Husband OR Wife, as joint tenants or as joint tenants with right of survivorship. In a joint tenancy either owner can convey the entire property to another by either Quitclaim or Warranty Deed, and that will be effective to transfer ownership of the property. The other joint owner may never know.
The fact that the deed isn't recorded doesn't mean it isn't effective. Deeds during life are sometimes given with the understanding that they won't be recorded until the death of the grantor.
You may need more specific advice, as there appears to be a substantial trust problem going on here. If you wish an Email conference with our CO attorney just reply by Email to this post and we will get in contact with you.
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