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If My Father Quitclaimed our Family Home to My Brother and I, Can He Still Reclaim Ownership?

If it was a standard Quitclaim Deed that was properly signed and recorded, transfer of ownership to you and your brother has occurred.

But if the deed was not a standard Quitclaim, the matter of outright ownership is not so clear.

If the deed that was signed was a “transfer on death” deed, the father retains ownership and could possibly change the deed now or in the future (up to the time of his death).

Further, if the deed was one that reserved for the father a life estate in the property, the father would have a present interest in the property, but the remainder interest (the interest given upon the father’s death) may have vested in the son/daughter. Alteration by the father for this type of deed may depend on the state laws in place where the property is located.

Thus the issues that could arise in this scenario are complicated; the exact language of the deed needs to be carefully examined and analyzed.

Consultation with a qualified legal professional may be in order. For advice specific to any personal legal questions, Standard Legal always recommends you consult a qualified, licensed attorney; you can find a local attorney for FREE at Standard Legal’s Attorney Find page.

To create any one of several types of Deeds pro se at an affordable price, see Standard Legal’s Quitclaim Deeds legal forms software.

Quitclaim and Warranty Deed Questions  ·  February 23rd, 2012

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