Legal Question in Real Estate Law in California

Re: Quit deeded home.

Once a person signs and delivers a deed, even a quitclaim deed (not a "quit deed"), they cannot simply "take the property back." The only two ways your mother can regain title to the property are: (1) you and your wife sign a new deed transferring title back to your mother; or (2) your mother files a lawsuit seeking a return of the property on some theory (i.e., rescission of the deed, cancellation of the deed, quiet title, etc.) and wins that lawsuit.

In California the statute of limitation for an obligation based on a writing is 4 years; the statute of limitations for an action founded on some form of fraud is either 2 or 3 years from the date of discovery (determining when the statute begins to run can get complicated).

You should probably take whatever documents you have relating to the property (i.e., the quitclaim deed, any title reports, or other writings) to a real estate attorney in your area to discuss your rights and obligations.

Re: Quit deeded home.

A mistake in judgment or change of heart cannot un-do a deed. If the deed was in proper form, duly acknowledged before a notary, and recorded with the county recorder, that is sufficient to put title in your names.

I handled a case where the daughter deeded a half interest to her mother one morning, then that evening her husband scolded her for making a bad decision. Daughter called mom and asked her to tear up the deed, which hadn't even been recorded. Mom tore it up, with the intent that this would cancel the gift. Guess what - it didn't! Ten years later, mom was awarded quiet title based on the deed, even though it was never recorded and had been in existence lass than 12 hours before being torn up.

Legal principle: Once a deed is executed and delivered, it's work is done; title passes; destroying the paper has no effect.

I hasten to add that an unrecorded deed is effective only between the parties to it and others with actual or constructive notice. Therefore, in practice, always record your deed.

The statute of limitations could have an impact on your case if your mother is in possession of the property and is paying the taxes...there is a five-year statute of limitations for the removal of persons in adverse possession; after that time, mom would regain title. There are also the statutes of limitations mentioned by Mr. Hoffman, but since there is no contract and no fraud alleged here, I do not see how they could have any significance.

Re: Quit deeded home.

Generally, the statute of limitations would be 3 years. Was there any paperwork or memos concerning the transfer? Did the deed state gift deed on its face and was there a documentary transfer tax? We would have to review your paperwork to advise you further. She would have to bring an action against you to take back the property.