Legal Question in Real Estate Law in California

Re: deed question

The first thing you should do is verify, or have a professional verify for you, how title is currently shown in the official records at the County Recorder's office. Having a recorded deed show that you are a part owner is a very powerful starting point for maintaining control and ownership.

The next area of concern is possession of the property. If you are not currently in possession, you should know who is, and why. You should monitor the possession aspect very carefully. If you are indeed a co-owner as a tenant in common or joint tenant, you have a right of possession (as does the other joint tenant or tenant in common). You are entitled to a share of rents from third-party (non-owner) tenants if the place is rented out.

Another area of concern is payment of the property taxes. If someone else pays the property taxes, and you don't, this could be an element of a successful claim for ownership by adverse possession. This is not a major worry, since co-owners ordinarily cannot obtain full title against the other by adverse possession, but if you aren't assessed and paying property tax, that could be a symptom of trouble.

Finally, there is the whole issue of whether there are liens on the property, including liens from deeds of trust. Is there a loan on the property, or is ownership free and clear? If there is or might be a loan where you are not the borrower, consider recording a Request for Notice of Default.

Also consider retaining a lawyer to assist you. A half interest in a house is too valuable to not take this rrelatively inexpensive precaution against getting screwed.