Charlotte, NC asked in Divorce and Real Estate Law for Tennessee

Q: Can my dad sign over property that he signed over in a quit claim deed to my mom, but she never filed it with the county

My mother and father divorced in 2010. Father quit claimed the house to my mother to remove his name. It was never filed with the county clerk and the house is still in both of their names. My mother passed away last month and my father says he can’t deed it to me solely because he says their divorce decree states “he will relinquish ownership of the house” and he can’t sign it over to just one of us. He wants to include my brother who is incarcerated, and for many more decades. However my neighbor, the City clerk says my father is the rightful owner and can sign it over to whomever he chooses and the previous quit claim deed he signed over to my mom that wasn’t filed with the county clerk is null and void? Can my father quit claim deed the house over to just me?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Knoxville, TN
  • Licensed in Tennessee

A: Not sure what the City Clerk has to do with this. But if he is the owner, probably as the Surviving

Tenant By The Entirety, then he can convey title. There may be a possible challenge by the Estate, but that is doubtful and does not prevent the conveyance now. It does not sound like he wants to convey to you.

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