Deeds That Transfer Too Much

Partial Transfers Still Count

Real property transfers sometimes go wrong. A person might sign a deed for an entire property when they only own a partial interest in the property. They might try to sell the property or transfer title to rights they no longer hold. The law addresses this with a practical rule: the transfer is valid to the extent of whatever the person actually owns.

In plain terms: a deed cannot give what the grantor does not have. But it also does not fail entirely. Whatever portion the grantor legitimately owns gets transferred. The rest stays where it belongs.

Why This Matters for Families

This statute comes into play more often than you might expect, especially in family situations. A parent might deed property to a child without realizing a sibling inherited a partial interest. A surviving spouse might try to transfer title to the family home without accounting for the deceased spouse's share.

Family members who hold property as joint tenants face similar issues. If one joint tenant attempts to transfer the entire property through a quitclaim deed, only their interest in the property actually transfers. The other joint tenants keep their shares.

The same principle applies to a life estate. If someone holds only a life estate and attempts to sell the property as if they own it outright, the buyer receives only the life estate interest. The remainder interest stays with whoever holds it.

The protection works both ways. The buyer or recipient receives whatever the grantor could lawfully convey. And no one else's ownership interest gets wiped out by a deed they did not sign. For families navigating property transfers during estate settlement, this statute is a guardrail that prevents one flawed deed from destroying everyone's rights.