Mary wrote a quitclaim deed transferring property to a joint tenancy with her husband. The deed was never recorded and later lost. Does the ex-husband have a valid claim on the property?

• A. Yes, the ex-husband has a valid claim.
• B. No, the ex-husband has no claim, unless the deed had been recorded.
• C. No, the ex-husband has no claim.
• D. The ex-husband has a claim if the deed was notarized.

Answer: (C)

The key idea here is that a real estate transfer happens when the deed is properly delivered and accepted, not when it’s recorded. Recording is a notice function for third parties, not a requirement for validity between the grantor and grantee.

In this case, the quitclaim deed was drafted to pass title to Mary and her husband as joint tenants. If that deed was delivered and accepted, the property would have become owned by Mary and her husband as joint tenants, regardless of whether the deed was ever recorded. Losing the deed doesn’t erase the transfer between the named parties.

The ex-husband isn’t a named grantee, so he wouldn’t acquire an ownership interest merely because the deed exists or wasn’t recorded. Recording would only affect notice to others; it doesn’t create or protect an interest for someone not named in the deed. Therefore, he has no valid claim to the property.