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Debala

Property law in Colorado

4 posts in this topic

If a purchase contract was entered in to and closed with one owner on the deed and later gives a Quick Claim deed to his wife, does this mean right of survivorship since the purchase contract and original closing gave a Warranty Deed to only 1 person?  Both names are on the deed now but is it still a warranty deed for both with a right of survivorship should one pass?

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Your post is a bit confusing.  In order for a deed to have a right of survivorship the survivor must be named on the deed.  There can be no survivorship with one person named in the deed.

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The wording of the final deed or deeds to the property governs and no one can answer your question without knowing the text of the last deed or deeds.  BTW, it is quit claim deed, not quick claim.  The purchase contract is irrelevant.

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13 hours ago, Debala said:

 

If a purchase contract was entered in to and closed with one owner on the deed and later gives a Quick Claim deed to his wife, does this mean right of survivorship since the purchase contract and original closing gave a Warranty Deed to only 1 person?

 

 

The type of deed used has nothing to do with how joint title is held.  The right of survivorship exists if two or more people own property as joint tenants, and a joint tenancy can be created with any type of deed.  Also, there's no such thing as a "Quick Claim deed."  The term is "quitclaim."

 

 

13 hours ago, Debala said:

Both names are on the deed now but is it still a warranty deed for both with a right of survivorship should one pass?

 

Both names are on which deed?  You wrote that he husband acquired the property by a warranty deed, which presumably has two names on it:  his and the sellers.  Then you wrote that the husband "gave" his wife a quitclaim deed, so I assume that deed also has two names on it:  the husband's and the wife's.  I further assume that deed says something along the lines of the following:  "Husband grants the the property described in this deed to Husband and Wife, as joint tenants."  Right?  In any event, the nature of a deed does not change.  Once a warranty deed, always a warranty deed.  Once a quitclaim deed, always a quitclaim deed.  That said, you clearly don't understand what most of the terms you have used mean, so I'm honestly not sure whether any of this tells you what you really want to know.

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