Can a gift deed be changed or revoked?

Full question:

My uncle and his wife had my name added to their deed. The deed reads that this was a gift of love. This was done in 2004 and in the state of Virginia. Three years later my uncle was placed in a nursing home, his health became very unstable and his wife has cut off all contact with his family. Can she change the deed and have my name removed?

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: Virginia

Answer:

The answer depends on the type of gift deed used. If it is revocable, the donor keeps the legal document until he or she decides to give the document to the recipient. The donor can, at any time, revoke the gift deed document and is not legally obligated to give the gift.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens when you put someone's name on a deed?

When you add someone's name to a deed, that person gains an ownership interest in the property. This means they have rights to the property, including the ability to sell or transfer their share. If the deed states it was a gift, the person may not owe any money for their share. However, the original owner may still have some control over the property depending on whether the deed is revocable or irrevocable.

What does adding someone to the deed mean?

Adding someone to a deed means granting them an ownership interest in the property. This can affect how the property is managed, sold, or inherited. The specifics depend on the type of deed used and the intentions behind the addition. It's important to understand the implications, including potential tax consequences and rights of the new owner.

What are my rights if my name is not on a deed?

If your name is not on a deed, you generally do not have legal ownership rights to the property. This means you cannot sell or transfer the property without the owner's consent. However, you may have rights if you can prove an agreement or arrangement with the owner, such as a verbal promise or financial contribution towards the property.

What are my rights if my name is on a deed but not the mortgage in Florida?

If your name is on a deed but not the mortgage, you own a share of the property but are not responsible for the mortgage payments. However, the lender can still pursue foreclosure on the property if the mortgage is not paid. Your ownership rights remain intact, but you should be aware of the implications of the mortgage default on your interest in the property.

What are the disadvantages of adding someone to a deed?

Adding someone to a deed can lead to several disadvantages. It may complicate the sale of the property, as all owners must agree. Additionally, if the co-owner faces legal issues, such as bankruptcy or divorce, your property interest could be affected. There may also be tax implications or challenges in transferring ownership in the future.

Can someone put your name on a deed without your permission?

Generally, someone cannot legally add your name to a deed without your permission. Doing so could be considered fraud. However, if you are a joint owner or have a legal relationship that grants them authority, such as a power of attorney, they might be able to do so. Always consult a legal professional if you suspect this has occurred.