Legal Question in Real Estate Law in California

jtwros on grant deed to house. One joint tenant signs paperwork as owner and files it at county clerks office (at request of brother, to keep one owner "safe" while knowing cotenant is not able to understand or remember) Same co-owner makes out revocable trust and will with brother-in-law (in charge)and is not made public.Cotenant not informed of changes or status of house. Second Co-owner jtwros is listed as owner in assessors office (by lot discription) but not online unless by document number. Something does not seem right. What should I do? I have paid all the bills to the house, (taxes and insurance), and supported cotenant for 30 years.


Asked on 8/16/09, 3:06 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The County Clerk's office? Perhaps you mean "...records it at the County Recorder's office?" County clerks do not ordinarily handle papers relating to title to property, but I do think that in some counties the clerk may incidentally also be the recorder.

This situation calls for the development of current facts by someone who knows how to get them out of the official records, and who will understand the facts thus obtained and be able to piece them together into a cogent picture of who holds title, and how it is held, and what, if any clouds may appear on title.

It is not sufficient to get records on line. The information is often faulty or incomplete. The actual records must be obtained (copied) and reviewed. Title searchers can do this, but really comprehending what's going on may require a lawyer.

Another thing to be cautious of is that joint tenancies are fragile, and recording certain documents evidencing an intention by one co-owner that is inconsistent with joint tenancy can turn the joint tenancy into a tenancy in common, where there is no right of survivorship.

Your paying the bills for 30 years probably does not give you an interest in the house per se, but if the co-owner has made you some promises about the house ownership, there is at least some legal precedent that the promises could be enforced under a principle called promissory estoppel.

Contact me directly with further information if you'd like a more detailed response.

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Answered on 8/16/09, 4:58 pm
Terry A. Nelson Nelson & Lawless

If what you are asking is how to sort out the proper ownership interests in the house, or how to get control over someone who is not competent to care for themselves or their assets, the answer is likely to be investigating what the actual facts and documents show, and then might involve the filing of a legal action in Court. Depending upon the facts and issues, it might involve a Probate action for Guardianship or Conservatorship, or might be a a civil lawsuit for some form of improper or fraudulent dealing. If serious about pursuing this, feel free to contact me.

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Answered on 8/17/09, 2:39 pm


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