Legal Question in Real Estate Law in California
the use of quitclaim deeds
Thank you for your time. If I were to quitclaim my property to my sister for a limited time, say 60 to 90 days, would she be able to quitclaim deed the property back to me in the same manner? Also does the quitclaim deed have to be recorded in the county which the property is located to be leagal? We are both of leagal age and both of us are single.
Sincerely,
3 Answers from Attorneys
Re: the use of quitclaim deeds
In addition to what the other attorneys said, your transfer of the property may trigger a reassessment for property tax purposes under Proposition 13. In other words, your real estate taxes may increase a lot, depending on how long you have owned the property and how much its value has increased.
Re: the use of quitclaim deeds
Yes, you can do this, but for what purpose?
If you are doing it to avoid creditors, it would most likely be held to be for fraudulent purposes, and voidable as to the creditors.
If it not recorded in the county, it will only be valid between you and your sister, and anyone else who has actual knowledge. The reason deeds are recorded is to give constructive knowledge to the world.
Don't play games with creditors and deeds. Contact an attorney in your area to let them know what you are trying to accomplish, and let them help you.
Re: the use of quitclaim deeds
This can be done, but you should know that deeding property is making a gift (or sale), and the recipient doesn't have to deed it back.
They do not have to be recorded, but the recording is essentially the only way to give the world notice that the transfer has occurred.
Before you do anything, talk to an attorney about the reasons behind the transfer, because there's probably a better way to accomplish your purpose--it's also very possible that the transfer you're talking about could be considered a sham or fraudulent transfer, and would cause more problems for you.