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Betsy Bass
Oct 7, 2015, 06:50 PM
My brother in law is grantor and grantee on deed. He has a brother that just went to prison and he wants his brother off the deed. Can he have it modified. It's a warranty deed, jointly for life with remainder to survivor.

ballengerb1
Oct 7, 2015, 07:00 PM
First please explain how a brother in law can be both grantee and grantor on a deed. If they are both on the deed you cant modify just because someone went to prison, you'd have to buy him out.

Fr_Chuck
Oct 8, 2015, 12:37 AM
Where is this, (laws differ by nation, and in the US differ by state)

Is the deed final and recorded ?

In general, if two people are listed on a deed, to take one person off, they must have that person sign.

ScottGem
Oct 8, 2015, 05:09 AM
It is certainly possible for a person to be both grantor and grantee. Ex: John Smith grants Joint ownership in property a to John Smith and Sam Smith as Tenants in Common.

But if Sam Smith is the incarcerated brother John Smith cannot get him off the deed without Sam's consent. Essentially Sam has to sign a new deed conveying his share to John.

AK lawyer
Oct 8, 2015, 07:45 AM
... Ex: John Smith grants Joint ownership in property a to John Smith and Sam Smith as Tenants in Common. ...

It would either be joint ownership or ownership in common. They are two entirely different concepts.

ScottGem
Oct 8, 2015, 09:52 AM
It would either be joint ownership or ownership in common. They are two entirely different concepts.

Yes, I'm aware of that. I was only using it as an example of how a grantor can also be the grantee.