Under Kentucky law, one spouse has an ownership interest in the property owned individually by another spouse.  If a spouse does not sign the deed conveying his or her interest he or she still has an interest in the property.

When an owner dies and there is no will, the courts must decide who the rightful heirs are.  But even then, such a decision by the court may not be final or binding on any heir who was not notified of the proceeding.  Even under a will, the court may have to settle questions of interpretation of the will.

A transfer of property by a minor or a person adjudged to be mentally incomplete raises special problems.  If a deed or release was executed by a person who was a minor or under a mental disability at the time, the transaction may be voidable or invalid.

Deeds, releases, mortgages or other documents may be forgeries.

A deed may have been delivered without the consent of the owner or after his or her death.  A document may have been executed under an expired or invalid power of attorney.

Despite a careful investigation to prevent it, some confusion of identity is possible.  Two members of the same family might have the same name as in the case of father and son – and the title may be in one while the deed is executed by the other having no title. 

Entries or indexing in records may be in error. Clerical mistakes are infrequent, but they do happen.

When a lien is released or a deed is signed, only certain people have the proper authority to actually release the obligation or buy the property.  If the incorrect person signs the document is not valid, even though it may appear so on its face.

Some wills and deeds may be very tricky to interpret.  If full title was not conveyed, the there could still be someone who has a right to the property.