Legal Question in Real Estate Law in California
grant eed
My wife had me sign a grant deed so the house is soley hers. I also signed a interspousal transfer grant deed for tax purposes. Is there a way to change it back the way it was? What are my rights if not?
3 Answers from Attorneys
Re: grant eed
If she wants to change things back there is no problem. Just do a new deed. If she doesn't want to, you may have a problem. You haven't given enough information about that to say how big a problem.
Re: grant eed
Another couple of things to know about deeds. They are effective when filled out, signed and delivered. Recording is not necessary to make the deed effective, at least as between grantor, grantee and others with actual knowledge of the deed. Next, tearing up a deed does not un-do its effect, even if BOTH parties think it does and intend that it does. Re-conveying the property requires a new deed.
It's not too easy to get a court to step in, because deeds are recognized as pretty absolute evidence of ownership, but as has been mentioned, there are possible theories upon which a court MIGHT give you relief; undue influence (too much love), duress (too much hate, e.g. a gun pointed at your head), fraud, etc. - but your best bet is just to ask for it back, or at least for your 1/2 interest back.
The bigger issue here is why you did this in the first place, and were you trying to defraud some third party such as your creditor?
Re: grant eed
Was there undue influence? In other words, did she hold a frying pan over your head threatening you to do it? Are you still married?
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