Legal Question in Real Estate Law in California
Home Owners Deeds or Tiltle
My Mother and I inheratide a home.At the time of transfering ownership I was the only one to sign the new deed and return it.She at no time ever signed anything.This was in 1995.I would now like to sell the home.She does not.How do I go about finding out if she in fact is named on the deed?If she is not is she intitled anything?How do I go about legally forcing a sale?
Thank you for your time
5 Answers from Attorneys
Re: Home Owners Deeds or Tiltle
In order to determine the owner(s) of record, you will need to conduct a search of the county records in the county where the property is located.
Based on the information provided, it is difficult to say whether your mother has an interest in the property (even if she is not a record owner). It is also difficult to say whether you can force sale of the property. It may depend on how you both acquired the property and who has been paying the mortgage, maintenance, and taxes.
I would suggest you first find out who is on the title and then consult an attorney from there.
I would be happy to assist you if the property is in Southern California. Please feel free to contact me.
Re: Home Owners Deeds or Tiltle
you may want to do a title search to find out the accuracy on who is on title. further, you may be able to partition the property and/or sell your portion of the interest to your mother or a third party if that is a feasible option for you. if you would like further assistance or representation in this matter, please email me promptly.
Re: Home Owners Deeds or Tiltle
First step is to check county and court records to see exactly what happened, what was ordered and who was/is the owner or owners. If it is joint, then a partition action may have to be initiated.
JOEL SELIK
800-894-2889
Attorney, Real Esatate Broker
Re: Home Owners Deeds or Tiltle
Contact a title insurance company. Many of them will provide a copy of the current deed which will show the name or names of the owner or owners of the property.
You can take this document to an attorney to have it explained to you.
Re: Home Owners Deeds or Tiltle
You can go to the county recorders office and search the deeds, or a title company can provide you with a property profile showing the names on the deed.
If both of your names are on the deed, you can file a partition action, and seeking a court order for her to buy you out or sell the property.
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