Legal Question in Real Estate Law in California

Re: can I claim my half of the property

Yes, almost certainly, and not only that, your signature will be necessary on the deed and perhaps other papers before the house can be sold, with rare exceptions. Due to the passage of time, however, you would be well advised to have an attorney and/or real estate professional check as to exactly how title is held, whether there are liens and for how much and to whom owed, and also give you an idea of fair market value.

If the house is unsold and held in joint tenancy at the time of his death, you would become the 100% owner at that time by operation of law. Keep in mind, however, that joint tenancies can be broken by either co-owner without permission of or notice to the other.

One further caution should be raised. If the down payment for the house came solely from his separate funds, he might be able to claim the entire ownership under the theory of purchase-money resulting trust. A resulting trust arises when X acquires title but Y's money is used for the purchase price (or down payment) under circumstances where no gift was intended and it is reasonable to assume that Y rather than X should have been on title. X is then said to hold title in trust for Y, and Y can demand conveyance at any time. In your case, the facts are unlikely to supprt a resulting trust, but it is a possible defense to giving you your share.