Legal Question in Real Estate Law in California

Re: Withdrawal of Gift of Real Property to Son Via Grant Deec

You probably can't, unless you never gave the son a copy of the deed and never recorded it.

Re: Withdrawal of Gift of Real Property to Son Via Grant Deec

The answer is that you almost certainly cannot do this.

A deed in proper form, delivered to the grantee, coupled with either (a) payment of the purchase consideration or (b) acceptance of the gift, is effective to transfer title.

Recording is not required, and destruction of the deed is ineffective to un-do the transfer, even if both parties intend and/or believe that it does.

The only effective way to regain title is by a re-conveyance in writing from the grantee back to the original grantor.

Please note, however, that I started out by saying "almost certainly." There is a remote possibility that a 20-year-old deed could be void or voidable, ot that some other event has interceded to restore title to you. I think the chances are very remote, but if I were representing you I would examine the deed and the circumstances surrounding its making, execution, delivery (and recording, if that's happened) very carefully, as well as whether the son still owns the property, whether it is encumbered or has been sold to a third party, and if so, whether the encumbrance or sale was in good faith and for fair value received.

Finally, I should not that there may be other ways to handle what appears to be a falling-out between your son and you; for example, you can treat the gift of this house as an advancement on his inheritance and reduce or eliminate any gifts made to him in your will or trust.

Re: Withdrawal of Gift of Real Property to Son Via Grant Deec

A gift is a gift. If your son is not willing to deed the property back you're out of luck.