Mills River, NC asked in Real Estate Law for North Carolina

Q: Ownership of property

Three brothers have ownership of land and a house, 1 brother wants to buy 1 other brothers share, and wants him to do a quick deed. Does the brother need to have both brothers sign the quick deed, showing he agrees with the procedure?

Related Topics:
1 Lawyer Answer
Answered
  • Cary, NC
  • Licensed in North Carolina

A: There is no such thing as a "quick" deed. Its called a quitclaim deed.

No all three brothers do not have to sign. The brother who is selling is share (the seller or grantor) conveys his interest in the property to the brother who is buying (the grantee or buyer). The grantee then records the quitclaim deed at the courthouse.

Even if 2 brothers own the land, its not necessarily a good idea unless they can agree. I would suggest that the brothers consult a real estate attorney to prepare a deed. Deeds are not all that expensive and rather than mess things up by trying to save a few dollars, its is better to have the deeds prepared correctly and recorded. Your brother would need a real estate lawyer in the county where the land is located.

I agree with this answer Report

Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.