Legal Question in Real Estate Law in California

Re: grant deed

One owner can transfer his ownership or part of his ownership to another owner without the wife's permission. You may be able to file a partition action to sell the property before equity increases for his mother. Please contact our office if you need assstance or have other questions.

Re: grant deed

Your question doesn't make much sense as phrased. I can only assume your husband gave a deed to his mother transfering her an interest, which would then be an interest in his interest. You should see an attorney about protecting yourself as this is a peculiar event, to say the least.

Re: grant deed

Your description of how the property is held (i.e., as "Mr. & Mrs.") is not quite sufficiently legally accurate to give you a for-sure answer. Most married couples hold their home as "community property," but this is not the only possible form; less often, one finds joint tenancy or tenancy in common.

If indeed the home is held by the two of you as community property, neither spouse can mortgage, sell or give away any interest in the home without the signature of the other, and a recorder should not record a transfer or mortgage without the notarized signatures of both spouses on the deed or encumbrance.

Your situation strongly suggests foul play. My advice would be to consult a local real-estate attorney quickly. It's POSSIBLE that the deed is held in a form where such a transfer is legally possible, but even so, it's sneaky to do it without consulting you. However, if the property is held as community property, it's not only sneaky, it's legally improper and ineffective.

Sorry to be the bearer of bad tidings, but I think you at least have a communications problem and at worst are being cheated (and not very cleverly, either).