Legal Question in Family Law in California

About 20 or so years ago, my father entrusted my sister to buy a house for him, under his name, in California. Note that my father is not an American citizen.

Recently, we realized that my sister bought the house under her own name, and upon questioning, refused to transfer the ownership back to my father.

My dad and my sister met in Taiwan, and signed a written, unofficial agreement to transfer the ownership of the house back to him, one of which she refuses to honor.

The purchase was entirely funded by my dad, and was among his few remaining properties; he needs the money now more than ever.

The real estate salesman who sold the house is an old acquaintance, and still recalls the entire incident, stating that my sister initially claimed to be purchasing the house for my father.

My question is this: Does the written agreement, signed outside of the United States, hold any legal significance? Is it at all possible for my dad to get his house back through legal means, or is he entirely under the mercy of others?


Asked on 10/03/09, 5:40 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

He must file a QUIET OF TITLE ACTION. Contact me directly, 20 years experience.

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Answered on 10/03/09, 6:53 pm

Yet again, Ocean Beach Associates is wrong. A quiet title action is likely to lose based on the facts you outline. There are, however, a number of legal theories under which your father is very likely to be able to get a judgment against your sister putting the house in his name, and probably for damages as well.

I do not generally handle cases in your area (based on the zip code) but I know of a number of highly qualified attorneys who could assist you. Feel free to contact me if you would like to discuss your options. Do not, however, delay getting an attorney involved in this. The biggest barrier to winnning a case like this is the argument that your father "sat on his hands" for 20 years without making sure title was in his name. So don't wait any longer.

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Answered on 10/04/09, 3:28 am


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