Legal Question in Real Estate Law in California
Quits Claim on house
I signed a quits claim to give up my house to my step son but he passed away. I changed my mind on giving up the house, but his wife says I can't change my mind and she still wants the house because she feels that she has the right. Since I am still the owner of the house, do I have to give my house up to his wife or do I have the right to change my mind? They have lived there since august 2001 and payed the full rent until November 2002. Now we share the rent and we want to kick her and her family out.
3 Answers from Attorneys
Re: Quits Claim on house
1. did you deliver the quit claim deed to your son?
2. was it recorded?
Joel Selik
www.SelikLaw.com
Re: Quits Claim on house
If you signed a "Quitclaim" deed and gave it to your step-son, you have effectively transferred your interest in the house to him. If that is the case, you will not be able to simply evict your step-son's wife. If your step-son was the only one named as the "Grantee," and he has passed away, his wife will be entitled to some portion of the house; however, depending upon your step-son's situation (i.e., does he have children, other brothers and sisters, etc.), you may have some right to some portion of the house.
In addition, there may be other theories which would permit you to rescind (cancel) the deed. You should arrange to speak with an attorney in your area as soon as possible. Only after you have provided much more information could an attorney properly advise you on what, if any, rights you may have to the house.
Re: Quits Claim on house
If the deed was valid and delivered, and was not given as security for a loan from your son, the transfer was complete when the deed was delivered. Therefore, the house would be owned by your son's heirs.
This is an object lesson which shows why issues regarding the transfer of property to others should be discussed with and made through a qualified attorney.
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