Can a grantor that has signed a quit claim deed be added back onto a title by the Grantee
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Can a grantor that has signed a quit claim deed be added back onto a title by the Grantee
My mother had me added as a co-owner on the house she owned. Because of
medical issues she had to be put into a nursing home and later an assisted living
facility. None of us knew if she was going to pull through, so she signed a quit
claim deed granting me her share of the house. Against all odds, she has
recovered a good deal of her faculties. She still needs to have some form of
assisted living, but she is a lot more sound to make decisions now. I would like
to have her name back on the deed as co-owner, but I just want to make sure
that is possible before proceeding.
Asked on September 8, 2019 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, you can quit claim half your interest in the home to her, the same way she quit claimed her interest to you. You are basically simply undoing what she did. Bear in mind that if Medicaid paid for any part of her medical care, Medicaid (i.e. the state) may have a claim against the home to secure reimbursement, since it was only transferred when she need the care (and which transfer could therefore be undone by Medicaid, which can undo transfers which were not for fair market value, if done less than 5 years before Medicaid had to pay costs); it's possible that therefore that neither of you will have the home free and clear.
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