Legal Question in Real Estate Law in California
My father is still legally married to my mother, they have never finalized a divorce. My fathers ex-girlfriend has POA for him becuase he is in jail/prison, she quit-claimed the deed to his house over to her name while he was incarcerated and now lives in my fathers house with her new boyfriend. Is this legal? What can I do and whom should I contact to try and get the POA removed from her and get his house back?
3 Answers from Attorneys
Unfortunately, if the POA gave her the authority to transfer real estate, it is legal. He probably has a right to sue her for breach of her fiduciary duty, since an attorney in fact (which is what you call the holder of a POA, as opposed to an attorney at law) is obligated to act in the best interests of the person who gives the POA, not in their own interest, but it's going to take a lawsuit to deal with her.
Your mother needs to have her attorney file legal action to establish a community property claim on the house, if that is appropriate and she has the right to a share of the house.
If your father wants to get the house back, then he needs to have an attorney file legal action to rescind the transfer on the basis of fraud, etc. Don't delay. Your mother may also have rights to protect as well.
If the house is in SoCal, and you are serious about getting counsel to do this, feel free to contact me.
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