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35. If the court determines that the woman owns the house in fee simple, what will be the likely explanation?
The woman learned that the son and the wife had separated and also learned what had happened to the deed to the house. The woman then brought an appropriate action against the son and the wife to obtain a declaration that the woman was still the owner of the house and an order canceling of record the woman's deed and the subsequent deeds.
The son put the deed in his desk. The wife discovered the deed and recorded it without the son's knowledge. Subsequently, the son and the wife separated, and the wife, without telling anyone, conveyed her interest in the house to a friend who immediately reconveyed it to the wife.
A woman who owned a house executed a deed purporting to convey the house to her son and his wife. The language of the deed was sufficient to create a common law joint tenancy with right of survivorship, which is unmodified by statute in the jurisdiction. The woman mailed the deed to the son with a letter saying: «Because I intend you and your wife to have my house after my death, I am enclosing a deed to the house. However, I intend to live in the house for the rest of my life, so don't record the deed until I die. The deed will be effective at my death.»
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Every deed should contain the following information:
An indication that it is a deedA description of the property involvedThe signature of the individual or entity that is transferring the propertyData regarding who is taking title to the propertyAs deeds do not require much information, the document itself is often very short. However, the document may also contain additional information, such as conditions or assurances that go along with the transfer. Each deed must also be validly delivered to the individual taking ownership of the property. In most situations, it should also be filed with the appropriate authority as well. Every real property transfer will require the use of some type of deed. It is important to use the legal description of the property for the deed so that it can be recorded accurately.
Delivering a deed means taking some action intended to make the deed effective presently. What that action is doesn't really matter, but one obvious action is for the grantor to hand the deed to the grantee. Physically handing the deed to the grantee commonly creates a presumption of a delivery, whereas retaining possession may create a presumption of non-delivery.
The only requirements for a valid conveyance of land (and thereby a transfer of legal title in that land from one party to another) are execution and delivery of the deed. The execution requirement is satisfied as long as the deed is signed by the party to be charged (the seller). Delivery of a deed is established by a proven intent to pass title, even if the title document was never physically given to the transferee.
A is correct. To be valid, a deed must be properly executed and delivered. Delivery is a question of the grantor's intent. In this case, the woman did not intend the deed to be effective until her death. An intent to have a transfer be effective at the grantor's death is valid in a will but not in a deed unless the deed expressly reserves a life estate, which this deed did not do. The woman remained in possession of the house and intended to retain title to the house until her death. The deed was not delivered, so she owns the house in fee simple.
B is incorrect. The wife's conduct may have been inappropriate, but it is not relevant to whether the woman properly delivered the deed to the son and the wife. To be valid, a deed must be properly executed and delivered. Delivery is a question of the grantor's intent. In this case, the woman did not intend the deed to be effective until her death. An intent to have a transfer be effective at the grantor's death is valid in a will but not in a deed unless the deed expressly reserves a life estate, which this deed did not do. The woman remained in possession of the house and intended to retain title until her death. The deed was not delivered, so she owns the house in fee simple.
C is incorrect. The woman did not expressly reserve a life estate and she remained in possession of the house. Therefore, she did not intend the deed to be effective until her death. An intent to have a transfer be effective at the grantor's death is valid in a will but not in a deed unless the deed expressly reserves a life estate, which this deed did not do. The woman remained in possession of the house and intended to retain title to the house until her death. The deed was not delivered, so she owns the house in fee simple.
D is incorrect. A grantor may convey property for no consideration. To be valid, however, a deed must be properly executed and delivered. The woman remained in possession of the house, and the deed was not delivered, so she owns the house in fee simple.