Ask Experts Questions for FREE Help !
Ask
    Betsy Bass's Avatar
    Betsy Bass Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Oct 7, 2015, 06:50 PM
    Can a deed be modified by grantor
    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's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #3

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #5

    Oct 8, 2015, 07:45 AM
    Quote Originally Posted by ScottGem View Post
    ... 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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #6

    Oct 8, 2015, 09:52 AM
    Quote Originally Posted by AK lawyer View Post
    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Grantor and Grantee on a mineral deed [ 2 Answers ]

If there are multiple grantors on a mineral deed and one grantee, can the grantee be one of the grantors

Grantor quick claim deed to self [ 3 Answers ]

For the purpose of a living trust, should the grantor quick claim to the trust and himself to keep control while still alive. Our family debate is "you cannot quick claim deed to yourself"

Grantor Deed on a House [ 3 Answers ]

How do you cancel a Grantor Deed on a house?

Grantor = Grantee on Quitclaim Deed? Name Change Only [ 3 Answers ]

When my divorce was finalized in 2006, my lawyer used a quitclaim deed to transfer a condo-property that was owned jointly between my husband and I into my name solely. It was a fairly simple process, and the deed was indeed changed into my name with no issue. However, since then, I have resumed...

View more questions Search