Legal Question in Real Estate Law in Virginia

Is there a Conditional Deed ?

Is there a deed that allows you to add some one to the title of your home but disallows them to leverage it to secure loans or sell the property without your knowledge and consent and protects your property against all liability claims from from their creditors ?


Asked on 3/20/09, 7:28 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Is there a Conditional Deed ?

This is unlikely as such a deed would appear to grant conditional rather than true ownership to the grantee named on the deed and, therefore would seem to violate the so-called four unities of title, namely title, estate, time and possession which are supposedly the necessary indicies of true ownership of real property and would appaear to make this grantee in effect a conditional owner in a way that would conflcit with with what a deed purports to signify(from a legal perspective).

The foregoing, however, is merely my opinion and therefore, I would suggest that you arrange for a consultation for another opinion on this issue with an attorney who regularly handles real property and title law issues and, also, perhaps, to determine whether there may be another way to achieve the objective which you are seeking in this particular situation.

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Answered on 3/21/09, 12:44 pm


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