Legal Question in Real Estate Law in California
none filed grant deed, is it legal?
My boyfriend and I purchased a home together. We each paid 50% of the down payment and we each have been paying 50% of the morgage. When we purchased the home everything was put into his name for financing reasons. He was suppose to add me to the deed after we closed escrow. He had the title company add me to the deed, It was notarized and I received a copy. However he never recorded it with the county. We have since seperated and he is claiming full ownership of the home. I have only a notarized copy of the grant deed stating us as joint tenants. Is this a valid document?
6 Answers from Attorneys
Re: none filed grant deed, is it legal?
Yes. You should record the document immediately before anyone relies upon the state of the "record title" and buys the property or mortgages the property directly with your ex alone.
Re: none filed grant deed, is it legal?
You may have a valid claim to the property. I would need to review your documentation. How long did you live with him at the property? Did you both contribute to the mortgage and living expenses? Please call me at 714 363 0220.
Re: none filed grant deed, is it legal?
Your deed may be valid as to your ex boyfriend, but until the deed is recorded he could still validly sell the property for value to a third party who buys in good faith and has no notice of the deed. If your deed is acceptable to the County Recorder (a copy may not be) go ahead and record it. If not, you should consult an attorney about filing an action to quiet title and record a Notice of Pending Action.
Re: none filed grant deed, is it legal?
Deed is probably legal. You will need an attorney for a partition action, lis pendens, and to record the deed. You may contact me for a free consultation.
Re: none filed grant deed, is it legal?
The deed is evidence of your intention to be a partial owner. I think you have a very good claim to force a partition of the property which would allow you to obtain 50% of the equity or force him to buy you out. Contact an attorney as soon as possible.
Re: none filed grant deed, is it legal?
Contact an attorney about recording that deed with the county recorder right away! That will at least protect your interest while this is sorted out and prevent the other owner from selling to a "bona fide purchaser" who didn't know of your interest.
You can then take further action to protect/define your interest in the property.
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