Understanding the role of quiet title actions

On Behalf of | May 13, 2023 | Real Estate Law

Real estate laws are more complex than many people realize, with specific legal considerations for details such as easements, rights of way and use restrictions. Property titles serve as legal records of ownership and require formal transactions to make any changes.

A quiet title action is common for making changes that clarify property ownership.

Did you inherit the property?

Property inherited from a deceased loved one often requires a quiet title action to reflect the change in ownership. You need the will and other records to show the inheritance of the property to complete this process.

Is your mortgage paid off?

Sometimes a mortgage lender fails to update property records after you pay the lien in full. You can file a quiet title action to remove the lender’s name from the title if you paid off the mortgage. You need documentation of that loan payoff for this type of action.

Did your spouse give you the house?

When the ownership of a home is a factor in divorce proceedings, a quiet title action is sometimes necessary to ensure accurate records. When one party receives the home in the divorce, a quiet title action removes the other spouse’s name from the title.

Quiet title actions update title records to address inaccuracies, changes in the property interest that do not require a sales transaction and some forms of adverse possession. The more you understand about these proceedings, the easier it is to see how a quiet title action can help you keep your property records updated.