Legal Question in Real Estate Law in California
My husband & step son already signed a grand deed on February 6, 2012, Me & my husbank already married 26 years ( since 1986), I know that every couple should be community property in California, but our house was bought before we married ( around 1970 ). When I knew that my husband already signed a grand deed (joint tenent ) with his son I ask my husband that you give this house to your son if you die, where I should to go, so my husband ask his son to add my name to that joint tenent, but my step son refused, and then my husband signed another grand deed with me ( It also is joint tenent ) but we I sent my paper to Los Angles, but onw month later the Los Angeles recording office rejected my paper, I called them why they reject my paper the Los Angeles officer said you have to ask your husband of ask a real estate attorney, so please tell me what I need to do nex step to keep my benefit on our house?
3 Answers from Attorneys
Analysis of this rather complex legal problem must start with figuring out who owned the property and in what proportions as of February 6, 2012. If your husband owned the property "free and clear" on the date you married (1986), then there is a likelihood, but not a certainty, that he was and remained the sole owner, despite community property laws, and was free to sell or give the entire property, or any interest therein, to his son.
If, however, payments were being made on a mortgage on the property at any time during your marriage, those payments were presumably being made with community-property funds, even if they were his wages and you were just a stay-at-home housewife, and you would thereby gain an ownership interest (called a "pro-tanto interest") in the property.
The recorder probably rejected the second deed because it conflicted with the first. Issuing a second deed was probably not the right cure for the ailment here.
In any case, this matter is too complicated to answer completely on LawGuru. You should seek out a local lawyer with experience in community-property law, and on your first visit take all the records you have relating to the acquisition, financing, and later deeds to, this property. There is some hope that you have a small-to-medium ownership right in the property, not depending upon these deeds, but a lot more information would be needed to figure it out.
You should follow Mr. Whipple's sound advice. Your stepson may continue to complain unless he is told that you followed the advice of an attorney so that everything would be legal. Be sure to record the new deed.
Yes, you need to get legal help to straighten out the mess you are in. You have quasi community property rights in the property, and some of the past transfers conflicted with your rights. IF it is possible to get cooperation from everyone, without the need to file a lawsuit to force them, then it shouldn't be too expensive to solve. If serious about hiring counsel to help you, feel free to contact me.
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