Can a quit claim deed of gifted property be undone?
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Can a quit claim deed of gifted property be undone?
Before my husband died we had a quit claim notarized to my daughter on our property. The property was recorded in her name but she does not live here. She has never provided any upkeep or paid any taxes; I have. Is there any way I can refute the quit claim and have the property back in my name?
Asked on September 3, 2011 under Real Estate Law, Oklahoma
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states when a gift is actually made and given, it cannot be taken back unilaterally by the person who made the gift. If you and your husband quitclaimed an interest in a certain property to your daughter and the quitclaim was recorded in the county recorder's office where the property is located, a gift of any interest that you and your husband was made to your daughter. She now owns an interst in this property.
There is no way that you can take back your interest given unless your daughter is willing to grant back to you the interest given in a recorded deed.
Your daughter essentially had no obligation to provide any upkeep or pay the taxes on the property unless there was an agreement to the contrary.
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