Legal Question in Real Estate Law in California

Re: house titles

Well, the easy answer is no, but there are some theories that might be helpful.

There is another possible problem here, though, that might stand in the way of getting a court to show you some mercy, and that problem involves whether the motives in trying to keep your ex-boyfriend from getting your house were pure. Often, transferring property to protect it from a claimant or creditor if fraudulent. If the ex-boyfriend had some kind of valid claim on the house, whether as a legal owner, beneficial owner, creditor or potential creditor, that might be a way to get it out of your other friend's clutches, but it would then go to the ex-boyfriend, not you.

OK, let's assume that you had a good reason, or perhaps no reason at all, to sign your house over, and that you did not do so for a bad reason. The starting point would be to establish that you did not intend to give the friend a gift. This should be pretty easy unless the friend is also a close relative or someone to whom, for some strange reason, you owed a tremendous debt of gratitute. The hard part comes next: finding a legal theory that would induce a judge to invalidate the deed. Possibilities:

(1) Fraud (by your friend); (2) mistake (doubtful); (3) undue influence; (4) estoppel; (5) resulting trust; (6) there may be a defect in the deed; (7) there may be a defect in the chain of title (most wouldn't help you, but???).

I think I remember a resulting trust case with facts somewhat similar to what your situation seems to involve; perhaps I can locate it. I think that case had a happy outcome for someone whose situation was somewhat similar to yours - but I can't emphasize too much that all of these theories require you to come into court with "clean hands," and if you were trying to keep the house out of the clutches of someone with a valid claim to possession, or a creditor, a court won't help you. Can you gather up your facts and contact me directly?

Re: house titles

You can sue as they were holding it in trust for you.