Legal Question in Real Estate Law in California

Cloud on Title

My husband tried to sell the property that I reside on without my knowledge but I came up as a cloud on Title and the Lender now the buyer. Grant Deeded the Property in his name. What Step do I need to take next?


Asked on 12/30/06, 2:22 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Cloud on Title

From your question, it isn't clear what right, title or interest you claim in the property, other than being in possession ("the property that I reside on"). That leaves a wide range of possibilities. You may own the property in fee simple absolute as your separate property with no community interest. At the other extreme, you may be a trespasser. Most likely, your rights and your claim would put you more in the middle of this braod spectrum, but just where would involve wild guessing.

My advice is that you probably need to retain a lawyer, but before you do that, why not do one or both of the following, which will cost you nothing: (1) re-ask your question on LawGuru, providing more details about your claim on the property, e.g., who is "on title" or who was before the attempted sale; and what interest do you believe you are entitled to, and why; or (2) contact me (or any other LawGuru attorney who tries to answer your question as originally posted) directly with more details, and we'll try to give you advice based on knowing more about the situation.

By the way, it sounds as though some hanky-panky is afoot, possibly amounting to fraud, but who knows? Also, you should know that the Family Code requires that spouses be open, frank and candid with one another about money and property matters.

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Answered on 12/30/06, 2:33 pm


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