I had responded to Mr. Connolly directly, rather than a replay to the listserve, so I thought I’d share for the collective group.
I suggested that an alternative to a quit claim deed with restrictions would be to appoint Ex as POA for Client and Spouse to execute documents for the sale of
the house. This route could be limited to a set period of time and/or revoked if Client wishes to take a more active role is sale of the property. I think this is a cleaner method of achieving the client’s goal.
Jason
Jason R. Sandegren
Associate Attorney
Wasker, Dorr, Wimmer & Marcouiller, P.C.
4201 Westown Parkway - Suite 250
West Des Moines, Iowa 50266-6720
Phone: (515) 283-1801
FAX: (515) 283-1802
Email:
jsandegren@wdwm.net
From: realestate-owner@iabar.org [mailto:realestate-owner@iabar.org]
On Behalf Of Dan Connolly
Sent: Thursday, August 10, 2017 1:38 PM
To: realestate@iabar.org
Subject: Re: [ISBA RealEstate] QCD to ex fianc
Thanks David. I think I am going to recommend the limited poa approach suggested earlier.
Daniel B. Connolly
From:
realestate-owner@iabar.org <realestate-owner@iabar.org> on behalf of
realestate@iabar.org <realestate@iabar.org>
Sent: Thursday, August 10, 2017 10:41:52 AM
To: realestate@iabar.org
Subject: [ISBA RealEstate] QCD to ex fianc
So, does such a conditioned grant amount to client's passing to his ex girlfriend a fee simple defeasible?
Case law suggests that the answer's Yes.
I guess that works, provided the deed be worded correctly to specify the condition subsequent.
You probably need to phrase the grant so that the condition's non-occurrence works a reversion of the grant.
Lowers v. U.S., 663 N.W.2d 408 (Iowa 2003)(railroad land case, summarizing prior cases).
In re Fleck's Estate, 261 Iowa 434, 154 N.W.2d 865 (1967)(citing Am.Jur.2d, a fee simple estate may be "liable to be cut off, but it is nonetheless a fee simple")
Not sure that a *deed valid when delivered* can later become a "nullity" upon non-occurrence of a condition...
David Hanson
Hofmeyer & Hanson PC
Fayette, Iowa
----- Original Message -----
From: "Dan Connolly" <realestate@iabar.org>
To: realestate@iabar.org
Sent: Thursday, August 10, 2017 10:08:13 AM
Subject: RE: [ISBA RealEstate]QCD to ex fianc
Valerie,
I totally agree. But that is the reason for the restrictive statement of QCD being null and void in event property not sold by a given date.
Daniel B. Connolly
________________________________
From: realestate-owner@iabar.org <realestate-owner@iabar.org> on behalf of Valerie Cramer <realestate@iabar.org>
Sent: Thursday, August 10, 2017 9:26:58 AM
To: realestate@iabar.org
Subject: RE: [ISBA RealEstate]QCD to ex fianc
I could get sold with the mortgage still on the property with a quit claim deed. I guess I’m into control I wouldn’t do that. Besides their spouse needs to sign.
Sincerely,
Valerie Cramer
Cramer Law PLC
1163 24th Street
Des Moines, IA 50311
515-255-1444
Fax: 515-255-2502
NOTICE: This email (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, is confidential and may be legally privileged. If you are not the intended recepient, you are hereby notified that any retention, dissemination,
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From: realestate-owner@iabar.org [mailto:realestate-owner@iabar.org] On Behalf Of Dan Connolly
Sent: Thursday, August 10, 2017 9:06 AM
To: 'realestate@iabar.org'
Subject: [ISBA RealEstate]QCD to ex fianc
List mates,
Here is the scenario:
My client and fiancé buy townhome as JTFRS in 2005;
Both are mortgagors on the loan;
Parties never marry and separate;
Both marry other people;
Now my client and ex fiancé want the TH sold;
My client wants nothing from the sale; just get the mortgage paid off.
My client wants nothing to do with listing the property, negotiating terms of any RPA etc.
To facilitate this approach my client has ask me to prepare a QCD to his X with a reservation that in the event the townhome does not get sold then the QCD is null and void.
Any thoughts on this is most appreciated.
Sincerely,
Daniel B. Connolly J.D.
Connolly Law Firm, P.L.L.C.
Telephone: (515) 331-1301
Facsimile: (515) 252-1739
Email:
dan@connollylawpractice.com<mailto:dan@connollylawpractice.com>
Website:
www.connollylawpractice.com<http://www.connollylawpractice.com/>
Connolly Law Firm, P.L.L.C.
3913 Horton Trail
Urbandale, Iowa 50322-2182
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