QUESTION
If you are given land and home by this person and it was filed the courts can this person take it back it what was done by a lawyer?
Asked on Dec 18th, 2012 on Litigation - Montana
8 ANSWERS
Ronald A. Steinberg
i think that if the paperwork giving you the home and land was done properly, then the gift is complete and it cannot be taken back. Are you sure that it was a gift? Were you required to do something to earn it or to keep it?
Answered on Dec 26th, 2012 at 1:31 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
No. If deed recorded, it is a done deal(unless there is some type reverter clause).
Answered on Dec 19th, 2012 at 2:55 PM
Michael J. Breczinski
If it was given to you in a deed with not conditions and there was no fraud or mistake in the giving then it s yours.
Answered on Dec 19th, 2012 at 5:31 AM
Thomas Edward Gates
If the transfer was by title and the transaction was recorded and is reflected upon the county records, then it is highly unlikely that the property would revert back to the previous owner.
Answered on Dec 19th, 2012 at 5:30 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Maybe. It is not clear from your question as to what exactly happened. If the other person gave you a deed to property and it was recorded with the county recorder, it is unlikely. However, if the other person can prove fraud, duress or some other claim, they may get the court to enter an order giving the property back to him or her. You need to discuss the details with an attorney in order to get a valid answer.
Answered on Dec 19th, 2012 at 5:30 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
Normally the person cannot take the property back, but under some circumstances the individual can. It all depends on the intent of both parties when title was transferred. If it was intended to be a gift, the person cannot take it back. If the intent was for the other person to have title for some reason other than as a gift, then the grantor of the deed may be able to require legal title.
Answered on Dec 19th, 2012 at 5:29 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Once a gift is given, the transfer is complete. If you owe money or there is some other reason they can sue you, if they get a judgment against you, they can attach the property.
Answered on Dec 18th, 2012 at 2:37 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
at
Bulman Law Associates PLLC
Update Your Profile
No. The land is yours.
Answered on Dec 18th, 2012 at 2:37 PM