Legal Question in Wills and Trusts in Texas
Unrecorded General Warranty Deed
If I gave my house and lot to my son as a gift using a general warranty deed, but he never recorded the deed, whose house does it belong to if he no longer wants it and how can I make sure it's mine if he gave it back to me but did not return the general warranty deed to me?
2 Answers from Attorneys
Re: Unrecorded General Warranty Deed
By signing and delivering a deed to your son, you gave him title to the house, regardless of whether he ever recorded the deed. There are good reasons to record the deed, but lack of recording does not negate ownership. The only way to have the ownership returned to you is to have your son sign a new deed, transferring title back to you.
Re: Unrecorded General Warranty Deed
You would need a general warranty deed from him granting his interest in the property back to you, if he can't find the deed you gave to him. If he can find the deed, then have it destroyed before filing.
That unfiled deed simply means that, until it's filed, the whole world sees you as the owner.
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