Legal Question in Real Estate Law in California

Re: Need Help with Complicated Real Estate issue

It will depend upon several things:

1. The scope of the Power of Attorney;

2. What your divorce decree provided.

If you were divorced subsequent to his engaging in this conduct, then I presume that this issue would have been addressed in the final order issued in your divorce.

And if the divorce is not final, then this is an issue to be resolved by the divorce court.

Depending upon the facts, you will be chasing your ex in either civil court or family court.

Good luck.

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Re: Need Help with Complicated Real Estate issue

The scope of the power of attorney is set forth in the document itself. It is possible that you did grant your husband sufficient authority to sell property on your behalf. However, it is impossible to tell without reading the document.

There are two things that I recommend. First, see a real estate attorney right away and show him/her the power of attorney and other pertinent documents to determine if it was a valid transaction. Second, bring this matter to the attention of your divorce lawyer and see if there is anything that can be done in your divorce case. You might be able to get an equitable adjustment in the division of your assets and the family law court might be the only venue to address that claim.

Whatever you decide, consult an attorney as soon as possible. If you do have valid claims against your ex or the title company, you want to be careful to assert them in a timely and I do not know the statute of limitation for this type of claim.

Re: Need Help with Complicated Real Estate issue

Another thing is, if the power of attorney was not notarized or witnessed by two disinterested parties, he had no power to act.