Legal Question in Real Estate Law in California

Re: The house, 19 years after bifurcated divorce

Well, there is a clear-cut way to TRY to get full title in your name, but it's not so certain what the outcome will be.

I would start out having a brief consultation with a family law (divorce) attorney, for the main purpose of reviewing the files from your dissolution proceedings - which can be copied from the court's files if you don't have a complete set.

Then, if the family law attorney agrees after reviewing your file that you have a sound basis for claiming ownership (get that in a memo to you expressing the reasons), take that to a real estate lawyer and have a suit filed to quiet title in yourself. If you use a big law firm that has both family law and real property attorneys, the process might be simpler (but their fees may be higher per hour).

Your ex (as well as anyone else with a possible interest in the property, such as lenders) would have to be named as defendants and served with the summons and complaint. Unless he settles, there would eb a trial and you would either get a decree quieting title in you, or not, depending upon whether your evidence of entitlement to 100% ownership is more compelling than his claim to a partial interest.

Having the family law attorney review your file first is an important step, because there may be either an easier way, or you may have no chance of prevailing, in addition to the quiet title remedy suggested here. The only way to know is to see what at procedural stage the old divorce action was left, and what orders, if any, may still be relevant to the house ownership issue.

Don't overlook the possibility that your ex may be willing to quitclaim his interest in the house to you, either right away or after he has heard from an attorney representing you, or upon receiving the quiet title complaint.