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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33769
Experience:  15 years real estate, Realtor. Landlord 26 years
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In 2010 I made a gift of real estate to my daughter with the

Customer Question

In 2010 I made a gift of real estate to my daughter with the intent that it would be returned to me at a later date. Although I registered the gift deed I did not deliver it to her, but kept it. She now claims it is her property and has sent me an eviction notice. Who owns the property??
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Has anything been filed or reported?
Customer: The deed was filed in Georgia
JA: Anything else you want the lawyer to know before I connect you?
Customer: She has never seen the property or paid any expenses on the property such as taxes, insurance, repairs etc
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Although typically in order for a gift of real estate to be considered completed, the recipient must accept the gift in the form of the deed, I have to opine that when you recorded the deed and daughter was aware of it and didn't object, then that would be conclusive proof a indirect acceptance.

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So I hate to say it, but legally she would be considered the owner of the property because that is denoted by who is listed as the owner of record as determined by the latest properly executed deed..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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