Legal Question in Real Estate Law in California

The first thing you need to do is to go to the County Recorders Office and look up the history of the title to the property. That should show what portion of the property you own as to the legal record. You are correct that does not protect you fully as if she transferred any part of her interest to another person before she quit claim to herself and you [I am not sure if she can quit claim to herself but probably she can if it is also to another person], even though not recorded, that person could claim the previously transferred ownership interest.

Who made the initial down payment on the condo? If both of you did or it was with community funds, then the condo is clearly copmmunity property and she can not do anything to your half. Even if she used here own private funds to buy it, if community funds where used to pay the taxes, mortgage, or upkeep on the home, then you might also have a community property interest and be entitled to get a portion of any profit from the sale.

What interest does her father have in the condo and how do you know he has an interest? How did he obtain this interest [pay her some money, gift from her, etc.]. You probably have to get him to sign a quit claim deed as to your half of the property. It might be best for all three of you to sit sown and discuss the issues; if you can, get them to sign an agreement that you are entilted to 1/2 of the condo, it can not be sold without your ageement, and what ever else you want.

I assume you are doing something about the fact that you can not trust your present wife.

George Shers

It would depend on how much of a guarantee you want. You could ask a realtor to obtain a preliminary title report for you, which usually shows who the title is vested in. A preliminary title report, however, is only an offer by a title insurer to offer insurance to you in the disclosed terms of the preliminary title report. It is not a guarantee.

Some title companies provide what are known as "litigation guarantees." These are offered at a percentage of the market value requested by the person asking for the litigation guarantee, on a sliding scale. In my experience, a litigation guarantee with a liability of $60,000 costs about $395. A guarantee with a liability of $157,000 would be $672. This is a guarantee that you are on title, but of course, if you are not and suffer a loss, you make a claim against the title insurer for the amount of the insured guarantee. Obviously, you would want a guarantee for the amount that you feel you own, and the problem is that you still have to pay for the guarantee, even if in the end the title company points out that you do not have title.

Quit claim deeds are frequently misunderstood. They differ from a grant deed, in that they do not contain a warranty of title. But if the person executing the quitclaim deed had good title at the time they executed the quitclaim deed, then title passed to the person that the quitclaim deed named and was delivered to.

As Mr. Shers pointed out, you may want to go to the County Recorder's Office in the County where the property is located. You will want to perform a title search, and you will want to access the grantor-grantee index. Obviously your starting point is the name of the person, or persons who you believe have title. You will want to work backward until you come to something that is known to be good, such as the State, or a quiet title judgment. I suggest also working forward from the recent quitclaim deed, to determine if she has split her interest in the property any further. This usually takes hours, and I have even spent three (3) days on one.