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Can a Quitclaim Deed be reversed if originating parties are in agreement to do so?

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Icon Mini Profile sefields





Joined: 09 Apr 2010

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Post Posted: Fri Apr 09, 2010 2:50 pm    Post subject: Can a Quitclaim Deed be reversed if originating parties are
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Joshua...
My ex-spouse and I were co-owners of a home in Calif. until I recently quitclaim-deeded my half of the property to her. She now wants to reverse the process. If she quitclaim deeds my original 50% back to me, does it effectively cancel out the original donor gift tax impact against the $1M lifetime exclusion, or is it viewed as two separate gifting processes, thus impacting both of us in terms of the $1M exclusion?

Thanks, Steve
Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

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Location: Nevada
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Post Posted: Fri Apr 09, 2010 8:33 pm    Post subject:
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Hi sefields,

I've given my suggestions in regards to your query at:
http://www.mortgagefit.com/quitclaim/reversedeed-exspouse.html#159652

Take a look at it. Hope it helps you.

Thanks
Icon Mini Profile jheard
jheard
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Joined: 12 Dec 2007

Posts: 742
Location: Houston, TX
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Post Posted: Sun Apr 11, 2010 2:20 am    Post subject:
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You cannot reverse a real property transfer. It can be voided in certain circumstances (minority, incompetence), but you have stated no facts for this.
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Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation.
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