quitclaim deed My brother and I own our parents home 50/50.

quitclaim deed
My brother and I own our parents home 50/50. My brother signed a quit-claim deed over to me on Nov. 18, 2004, signed by a notarywhose commission expired May 2, 2007. I never recorded the quit claim deed, but now I would like to. Is this one still good, or would I have to have to get a new quit claim deed from my brother?

2 thoughts on “quitclaim deed My brother and I own our parents home 50/50.

  1. Re: quitclaim deed
    You acquired whatever title your brother had and quitclaimed the instant the deed was delivered to you. Recording is notice to all of the change of ownership, and is a practical necessity to keep the chain of title clear and free from interlopers or uncertainties, but is not a part of the change of ownership per se. When you figure the tax consequences of the transfer of title, keep in mind that the transfer occurred upon the delivery of the deed into your possession, not when it was signed, nor when it is recorded.

    Bryan Whipple
    Bryan R. R. Whipple, Attorney at Law
    P O Box 318
    Tomales, CA 94971-0318

  2. Re: quitclaim deed
    If in CA, you can record it at any time. Usually, it’s best to record it when obtained to put “the world” on notice of the new owners. However, you can do so now with the county recorder in the county where the property is located. Make sure to also fill out and submit a Preliminary Change of Ownership form, as well.

    You also might want to talk to a tax advisor to determine whether there’s a tax consequence arising from the transfer to you of your brother’s interest in the property.

    Robert F. Cohen
    Law Office of Robert F. Cohen
    P.O. Box 15896
    San Francisco, CA 94115-0896

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