Can a Quitclaim deed be rescinded?

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Request for Question Clarification by weisstho-ga on 06 Oct 2005 16:26 PDT

Michigan has a quirky rule on joint tenancies. A very very important
question is:  Did the deed seek to create a "joint tenancy" or a
"joint tenancy with full rights of survivorship"?  Very few states
have created the distinction that Michigan recognizes.

weisstho-ga

What state?

Michigan - my mother-in-law has a quitclaim deed which names herself
and her daughter as joint tennants.  She has recently had a falling
out with her daughter and wants to have her daughter removed as joint
tennant.

was the deed recorded at the clerk's office? who holds the deed currently?

Who issued the quitclaim deed, and is the person still available to rescind it?
If the deed has not been recorded, assuming the person recorded as
owning the property is available and willing, a new deed could be made
and recorded.  A deed is just a piece of paper until it is recorded.
See the last comment to this question:

http://answers.google.com/answers/threadview?id=518218

IF the deed to both has been recorded, it seems that both will have to
agree to its being rescinded.

Please note that this is not legal or professional advice, see the
disclaimer below.
Myoarin

Thanks for the comments.  I just checked with the county, and the
quitclaim deed which shows joint-tennancy has been recorded with the
county.  So I'm assuming that my mother-in-law is without recourse? 
The problem is that my mother-in-law is unhappy in the neighborhood
and needs to move, but now her daughter is saying that she won't let
her mother sell the property.  Very frustrating.  That said,
myoarin-ga, i think you answered my question, so if you post as an
answer, I'll pay you for the answer.

Patroclus,
I am very sorry to hear that.  You didn't say whether the person who
deeded the property is around, so I suspect that this is irrelevant: 
either desceased or disinterested in trying to influence the daughter,
your spouse's niece.

Just a wild idea  - and really a question to the GA community -  is
the daughter obligated to care for her mother, perhaps to manage her
financial affairs, or act in her best interest?
I do not know where a positive answer to one of those queries could
lead, just grasping for straws.

Thank you for suggesting that my comment could be an "answer" to your
question.  Only GA-Researchers, whose names appear in blue, can post
an "answer".
Don't cancel the question; maybe there will be more useful comments.
Perhaps my "wild idea" suggests a question along that line, especially
if you can add any information.
Regards, Myoarin

If your mother-in-law just wants to sell the house, she should look at
filing a "partition" lawsuit.  My understanding is that in cases where
multiple owners dispute whether or not to sell a property, a judge
will review the case and, barring any unusual circumstances, rule that
the property should be sold with the proceeds split between the
owners.

Since this sounds like quality-of-life issue, please consult a lawyer
specializing in real estate.