A Michigan seller signed a warranty deed conveying her Kalamazoo home to buyer Thomas. The deed was properly notarized but the seller kept it in her desk drawer and never gave it to Thomas before she died. Thomas claims he owns the property based on the signed deed. Which of the following BEST describes the legal outcome under Michigan law?
Correct Answer
C) Thomas does not own the property because the deed was never delivered
Under Michigan law, delivery is an essential element for a deed to be effective. A deed that is signed and notarized but retained by the grantor and never delivered to the grantee does not transfer title. Because the seller died without ever delivering the deed to Thomas, title never passed. The property would instead pass through the seller's estate according to her will or Michigan intestacy laws. Mere intent to convey in the future is insufficient — there must be an unconditional delivery during the grantor's lifetime.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
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