Legal Question in Real Estate Law in Massachusetts

Re: deeds

In general, a person who deeds an interest in property to another cannot simply ignore the deed. However, there are alot of other factors to consider, including whether there were any written or other understandings which led to the transaction, etcetera. There are also certain obligations of co-owners.

You should contact an attorney to discuss your particular situation, because there are always facts which are particular to a given situation and can significantly affect the outcome.

Please contact me if you would like to discuss the matter further.

Re: deeds

If you put your son's name on your deed 2 years ago, and you and he wish it to be removed, then another deed needs to be drafted conveying the property from both of you to you.

The problem is, now that your son is an "owner," he doesn't have to give his share back to you if he doesn't want to. It would be difficult and costly to force him to transfer his share back to you, once you have given the property to him. You can't take back a gift. All you can do is try to persuade him to give it back.

Now, if you had an agreement all along that he would transfer back to you, that can likely be enforced if in writing. Otherwise, his signature will be required to transfer complete ownership back to you. If your son is a minor, that presents even greater problems. I hope this is not bad news. You can e-mail me if you wish to discuss the matter further.

deed changes

It depends as stated by Jerome. In most cases once given a legally valid interest in real property, you can not undo the transfer.

There may be other facts that can get you out of this mess, but it will not be easy. You can contact me for assistance.