{"id":1957,"date":"2022-01-12T10:00:00","date_gmt":"2022-01-12T15:00:00","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=1957"},"modified":"2024-04-25T23:19:22","modified_gmt":"2024-04-26T03:19:22","slug":"can-a-deeds-punctuation-change-how-your-home-is-owned","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/can-a-deeds-punctuation-change-how-your-home-is-owned\/","title":{"rendered":"Can a Deed\u2019s Punctuation Change How Your Home Is Owned?"},"content":{"rendered":"\n
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Avoid Common Real Estate Document Mistakes<\/em><\/strong><\/p>\n\n\n\n

Creating a legal document? Congratulations! And don\u2019t hurry. Attention to punctuation, grammar, and formatting can make a serious difference, both in asset ownership and in estate planning. Checking a legal instrument carefully is essential.<\/p>\n\n\n\n\n\n\n\n

What a Difference a Keystroke Makes<\/strong><\/h2>\n\n\n\n

A deed transferred to John, Michelle, and Denny would make each of the three named people tenants in common. The commas between the names ensure each individual stands alone. But a deed transferred to \u201cJohn and Michelle, and Denny\u201d signifies that John and Michelle are a pair, getting half the asset together. The other half will belong to Denny.<\/p>\n\n\n\n

What if the deed is drafted to transfer title to John, Michelle and Denny? Are Michelle and Denny each receiving a share of the real estate asset? Or are they taking one share together?<\/p>\n\n\n\n

If the drafter inserts a comma after Michelle\u2019s name, it becomes clear that Michelle and Denny each get their own, separate shares of the asset. But without the comma, the situation changes. As you might imagine, plenty of lawsuits have arisen to sort out badly punctuated deeds. One tiny comma can change the ownership shares, the estates, and the tax responsibilities for all deed holders.<\/p>\n\n\n\n

The same goes for wills. Say you leave your home \u201cin equal shares to John, Michelle, Denny; and my longtime gardener, Cass. The semi-colon after Denny\u2019s name is a stronger break in a sentence than the earlier commas. It separates Cass from the other three recipients. If all four recipients are to hold equal shares of the asset, why are three people on one side of the semi-colon, while just one is on the other side of it? Do John, Michelle, and Denny receive one share together, or one share each? Would a judge look strictly at punctuation, giving Cass half the asset? Possibly. Another judge might try to follow the will maker\u2019s intent.<\/p>\n\n\n\n

\u261b<\/em>Are multiple recipients of a deed sharing the property in equal parts? Or will they own unequal shares of the real estate asset? At the heart of the answer is <\/em><\/strong>how the deed is vested. Learn more here.<\/em><\/strong><\/a><\/em><\/strong><\/p>\n\n\n\n

Another pesky issue is the use of \u201camong\u201d (which indicates multiple people sharing an asset) and \u201cbetween\u201d (which suggests the intention to divide into two). Punctuation and grammar choices place things in order, combine individuals and shares of assets into groups, and indicate the triggers for future legal events to occur.<\/p>\n\n\n\n

Using the Right Legal Description<\/strong><\/h2>\n\n\n\n

Properties are precisely identified by their legal descriptions. Each time a property passes to a new owner, the legal description should remain the same. When preparing a legal description, then, be sure to use the exact legal description that appears on the most recent deed to the property. This requires attention to detail and multiple proof readings of the text. Every keystroke, including every punctuation mark, has to match the previous deed.<\/p>\n\n\n\n

Modern Real Estate Practice<\/em> by Fillmore W. Galaty et al.<\/em> is an oft-republished and widely read textbook on real estate practice and principles. The book states:<\/p>\n\n\n\n

Legal descriptions should be copied with extreme care. An incorrectly worded legal description in a sales contract may result in a conveyance of more or less land than the parties intended. Often, even punctuation is extremely critical. <\/em><\/p>\n\n\n\n

Title challenges can result in the future, the textbook explains, for a later buyer. This is so, even if the document is fixed before closing.<\/p>\n\n\n\n

How is a document fixed? It depends if you\u2019re dealing with something minor like a typo or ambiguous phrase, or something more substantive.<\/p>\n\n\n\n