Legal Question in Civil Litigation in California

Do you still have the original quit claim deed from her to you? I assume you meant it was not "recorded" rather than filed. If it is not recorded, it just means she is still on record title. A deed does not have to be recorded to be valid, it just needs to be delivered. Recordation does create a presumption of delivery, but so does possession in your hands.

If she has deeded it to you, you have a defense from creditors. I hope you still have that original quit claim deed.

Mr. Roach is scary sometimes in how wrong his answers are. He is right that delivery of the deed vests title in you, but he is TOTALLY wrong that you are thereby given a defense from her creditors. California title priority is on what is called a "race/notice" basis. That means whatever claim or interest in real property wins the race to record has priority, UNLESS they have actual notice of a prior unrecorded interest. Recording puts the world on legally irrefutable notice of your interest in the property. Without it they must have actual notice.

What this means for your situation is that as far as the world at large knows, you only own 1/2 the property. The world believes she owns the other half. So, if any of the creditors obtains or has obtained a judgment against her, and then records, or has recorded an abstract of judgment, the half interest you bought from her is now subject or will be subject to the judgment lien. That means if you sell, the judgment will have to be paid out of the proceeds. If you refinance, ditto. If they choose, they can also put the 1/2 interest up for judicial sale to satisfy the judgment, which you would then have to pay off, or wind up being 1/2 owner with strangers.

You need to immediately contact a title company and ask them to record and insure the deed. As part of their insurance underwriting they will do a title search and if any liens have attached, they will tell you and refuse to insure against them. If that happens, you have a real mess and will need to hire an attorney to clean it up. If it comes up clean, they will insure and if any creditors try to claim a lien based on her former interest, the title insurance company will defend you.