Legal Question in Real Estate Law in California

Re: family real estate question

Under the facts as given, a court of law would very likely uphold the deed to your husband if it was properly drawn, signed before a notary and duly recorded, and there was no evidence of fraud or 'undue influence.'

You have a delicate family problem or set of problems on your hands, going beyond the mere matter of what kind of legal ground you're on. Perhaps the three of you (any anyone else concerned) should get some counseling, or at least see a financial planner or estate planner regarding possible tax consequences of the gift and your ongoing support (if you haven't already done so).

If your husband and you decide you want to accommodate his mother to some degree, you might consider a comprehensive estate plan oriented around one or more trusts that would give her what amounts to a partial life estate in the house so you're assured of inheriting it but she has an assured place to stay. Of course, this may be more than you're willing to do and I cannot see any readily apparent legal reason why your husband should not rregard the house as his at this stage.

Again, this assumes the gift deed is properly drawn, executed, delivered and recorded.

Re: family real estate question

Boy, these situations can get pretty messy.

Your husband owns the house. You say no consideraton was given, but, first, none is needed and second, it seems to me consideration was given.

But, the legal rights issue is secondary to the relationship between mother and son issue.

From an income tax point of view it is unfortunate that the house was gifted during your mother's lifetime. His basis in the house is the price your mother paid for the house plus spent for capital improvements. Had the house been willed, the basis at in you husband's hands would have been the value of the house at the time of his mother's death.

This only points our the folly of handing these types of important matters without the assistance of a qualified attorney.

I detect in your questions the hint that you and your husband don't see eye to eye in this. While one could argue that you have a small but signficant community property interest in the house, he is pretty much in the driver's seat.

If disputes in the family over this cannot be amicably resolved, I'd recommend that your family attempt to resolve the issues in mediation.

Good luck with this and let me know if we can assist further.