Legal Question in Real Estate Law in California

Only if you get a judgment for the debt first, or he gives you a deed of trust to securt the debt. If he inherited it 100% and you did not get any of it, however, you don't have any claim on it anyway at this point. In that case, all you are doing is screwing with him, probably messing up some kind of financing, for nothing that does you any good.

You need to understand the difference between a Quit Claim Deed (it's "quit" not "quick") and a lien. The deed transfers your ownership interest to someone else. A lien is recorded show that you have a security interest - not an ownership interest - in the property.

So, if you do not have any recorded lien, now, your signing a quit claim deed will establish that you no longer have any claim to the condo.

If, in the future, you find that your brother owes you money, you would only be able to put a lien on the condo, if you can correctly assert that you have a right to title or possession of the condo. That kind of lien of called a Notice of Lis Pendens. It is a paper that you record with the Bureau of Conveyances, in the Hawaiian county, where the condo is located, to indicate that there is a dispute over the title or right to possession.

On the other hand, if your brother owes you money, but it has nothing to do with the condo, then you can sue him and obtain a judgment. Then, you can take steps to have the Hawaiian court issue a paper called an "Abstract of Judgment," which can be recorded with the Bureau of Conveyances. With it, you will have a lien against the property, which can be enforced in various ways. For example, you can hold a forced sale. Also, you can let it sit for up to 20 years, as long as you renew the judgment before 10 years pass. If the condo is sold or refinanced during this 20 year period, a lender or buyer will insist that the lien is removed, and the only way it would be removed is to pay you off. By the way, a California judgment carries 10% annual interest.

So, whether or not you sign the quit claim deed is up to you. Just realize that you cannot put a lien against the property, unless you are fighting over possession or title to the property or you already have a judgment.

Both answers sound correct, if you take the sum total of the comments and advice, so I'd say I too agree........but since the property is in Hawaii, the law of that state will almost certainly apply, and a lawyer licensed there should render an opinion.

You need to repost for Hawaii attorneys to answer. Maui is an island that is part of the State of Hawaii. Our jurisdiction only extends to Catalina Island.