Category: Disclaimer of Interest

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Refusing to Accept a Deed

image of an unsigned deed captioned refusing to accept the deed

For a valid real estate deed conveyance, two key actions must occur:

  • The giver (called the grantor) must deliver it the recipient (called the grantee).
  • The grantee must accept it.

A Recipient May Refuse to Accept a Deed.

Circumstances are not always right for taking on new ownership and new responsibilities. Moreover, not every piece of real property is desirable. Even with a significant estimated value, it might have hidden liabilities.

Thus, the gift of a deed can, and sometimes should, be turned down.   

This can get difficult if the grantor has the conveyance recorded with the county anyway, without the grantee’s knowledge. The grantee will then be obliged to file a court petition to void the conveyance.

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Disclaiming an Interest in an Inherited Timeshare

Through a timeshare, multiple people can share the use of property—typically a hotel suite or a resort condo.

The concept is to enable everyone in a group to (collectively, but at different times) enjoy a property for an annual getaway—without having to buy real estate at a place they only plan to visit now and then.

Participants purchase their specific annual time periods, and share ongoing expenses for the property. These expenses include property management, landscaping and maintenance costs, and various taxes and fees.

Some Timeshares Are Inheritable, But Unwanted

The timeshare may be structured as a shared lease, a “right to use” for a certain period of years, or a deeded ownership.

A leased or “right to use” timeshare does not outlive its owners. A deed does. Deeded ownership in a timeshare is transferable, and the interest is usually owned in perpetuity.

To be part of a shared, deeded ownership means having a part of real property itself—an interest in the unit and some of its common areas. Other deed owners will also own an interest in the same property.

Although deeds can be inherited, not everyone wants to inherit a timeshare. This is because:

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