Garrett v. Garrett
Annotate this CaseAlva Garrett owned an 80-acre parcel of property in Middleton. He sold most of the property to pay off debt. Alva owned the property in his name, but in 1990, executed a quitclaim deed to himself and his wife Thelma. In 2006, Alva executed a second quitclaim deed to his son, Plaintiff Jack Garrett. Alva gave the 2006 deed to Jack's brother John with instructions not to record it until Alva died. Alva died in 2008, and the deed was recorded. Jack then sued his stepmother Thelma to partition the property. After a bench trial, the court ruled that the 1990 deed re-characterized the property from separate to community property, invalidating the 2006 deed. Jack appealed, but the Supreme Court agreed with the trial court's conclusion. Therefore, the Supreme Court affirmed.
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