Legal Question in Family Law in Kentucky

Kentucky couple got divorce in Indiana. Kentucky couple owned marital property in Kentucky. During divorce proceedings, she testified that she did not want any of the property. The Indiana Court would not exercise jurisdiction over the Kentucky property. There has been no Kentucky property settlement. Wife gave me a quitclaim deed to her rights, title and interests to property in Kentucky. Found out that husband had sold entire tract of land prior to me receiving quitclaim deed. Is my Deed valid and if so what case could I read to support that the deed is valid?


Asked on 3/05/12, 8:58 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

This reads like one of our awful law school hypotheticals in first year property law, where people keep selling the same tract of land to a dozen different people, and the ultimate question is "Who owns Blackacre?"

Quit claim deeds give you exactly what the grantor owns at the time of the execution/delivery of the quit claim deed. So to determine what, if anything you own, the question becomes, what did Wife own and did she have the ability to transfer it?

The missing puzzle piece is what exactly did she own at the time she quit claimed her interests to you? If she owned the property, and had the ability to transfer ownership, then you own something. If she owned nothing, you own nothing. If she owned the property, but could not transfer that ownership without the consent of the "joint owner with right of survivorship" (her ex-husband), you own nothing. Additionally, husband couldn't sell jointly owned property without the signature of his former wife. So, what he conveyed is also problematic. The question turns on what the original deed says.

What you need to do is take your quit claim deed to a real estate attorney for a consultation, along with the other deeds, and determine who owns what, and which transfers, if any, were valid.

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Answered on 3/09/12, 1:44 pm


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