Legal Question in Real Estate Law in California
my brother wants out of a property that mom left to all 5 siblings. he just wants to be off deed, no money out of property. we all agreed. my other brother does not want to sign the new document because he has an issue with my sister about some personal property that he claims are his. he is not negotiating but threatning that he will not sign until he gets his personal stuff back. I was wondering can he do that? is there a way we can force him to sign the document because the other issue has nothing to do with each other. what do we have to do to have the court make him sign and is this an expensive ordeal.
2 Answers from Attorneys
He shouldn't have to sign anything. All the brother who wants out has to do is record a Quitclaim Deed to the remaining 4 siblings. The other brother doesn't need to do anything.
While it is indeed true that a deed, including a quitclaim deed, need only be signed by the transferor (grantor or person giving up an interest) and need not be signed by the transferee (grantee or person intended to receive the interest), any deed is technically not effective unless and until accepted by the transferee. This, if one of the five brothers doesn't want to accept any additional ownership -- for whatever reason -- he or she can refuse to accept the deed when delivery to her or him is tendered. So, if someone is going to refuse to accept 1/4 of 20% as a gift, ownership could end up 25%-25%-25%-20%-5%. Nevertheless, I think the reluctant sibling is unlikely to refuse his/her additional 5%, if the property is worth anything (has any net equity or is likely to in the future). So the scenario described by Mr. McCormick is perhaps likely to prevail in the real world. Just note that this isn't a certainty.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
