Legal Question in Real Estate Law in California

my ex husband has only his name on the title of a house we still own together -- how do I go about changing it so that both of us are on the title


Asked on 8/14/10, 10:05 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If his is the only name on the title, then he owns it. If you think you have a claim to part of it, you'll need to consult an attorney in your locality.

Read more
Answered on 8/19/10, 11:02 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Being "on title" down at the county recorder's office is sometimes referred to as "holding legal title" and gives rise to a strong presumption that the person(s) shown on title is/are the true owner(s). However, in addition to legal title, the law also recognizes "equitable title" or "beneficial ownership" and that there can be mistakes, omissions or other problems with the recorder's information.

The steps you need to take to have the recorded title conform to actual ownership will depend upon the nature of your claim to part ownership and whether your ex-husband contests it or is willing to cooperate. In the latter case, a lawyer-drafted quitclaim deed from him, to you and him as (perhaps) tenants in common, would accomplish the task. If he disagrees with you, or won't cooperate, you will need a court's assistance by brining a suit for quiet title or something of that ilk; if the dispute arises out of his non-compliance with a recent dissolution decree, perhaps the divorce court still has jurisdiction to order him to comply with the property-settlement terms of the decree.

In any case, the nature and quality of your claim to part ownership, notwithstanding the official records, will be a factor.

Read more
Answered on 8/20/10, 11:53 am
Anthony Roach Law Office of Anthony A. Roach

If he is your "ex-husband," and the property was awarded to him, it is too late now, unless you plan on filing an appeal.

Read more
Answered on 8/20/10, 12:13 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California