Legal Question in Real Estate Law in California

Quit Claim Withdraw

Hi,

I have signed aquit claim deed in my In-laws property since my

husband has his name ont eh property. If I want to withdraw my

name, can I do it? What is the procedure/alternative?

Thank you


Asked on 5/21/04, 3:29 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Quit Claim Withdraw

If you signed a quit claim deed, that takes your nome off the title or gives up any interest you had in it. You cannot change that once done.

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Answered on 5/21/04, 4:19 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Quit Claim Withdraw

It's not completely clear what you mean by "withdraw my name." If you mean un-do the effect of a deed, it can't be done. Once the deed is signed and delivered to the grantee, the property changes hands and not even destroying the deed will un-do its effect between the parties and others with notice of the deed.

If things have gone a step further and the notarized deed has been recorded, that is notice to the world and everyone is legally assumed to have notice of the deed.

Of course, the in-laws could always deed back to you, specifying that the interest conveyed was whatever you had prior to your quitclaim to them. This assumes they're willing to do so.

There is one other possibility. Courts have the power to cancel instruments such as deeds, but only for a legally-valid reason, and changing your mind isn't one of those, but fraud, coercion and extortion usually are. Also, certain kinds of mistakes, but not bad judgment.

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Answered on 5/21/04, 5:29 pm


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