Tag Archives: JOINT TENNANTS

Is a quit claim deed valid if all the property transfer isn’t transferred?

Q: There is a property with right of survivorship and 3 siblings own it. One of them filed a quit claim and transferred their portion to someone without the other two knowing. I was told that that is not valid. However, is the quit claim part still valid? Will he have any rights to the property after signing a quit claim? (Murrysville, PA)

A: I think it depends how the property was titled. If it was jointly held by the siblings, as joint tenants, no one of sibling can transfer a share to anyone else without the other siblings joining in the deed. However, if the property is held as tenants-in-common, any one of the three tenants can convey his or her interest 1/3 to whomever they wish.