Legal Question in Real Estate Law in California

land purchase

If someone purchased land and on the deed it says the name of the person and unmarried man but the person was married at the time and it was notarized, is this a legal document?


Asked on 9/06/08, 8:30 pm

3 Answers from Attorneys

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

Re: land purchase

You didn't indicate whether it was the seller (grantor) or the buyer (grantee) whose marital status was misrepresented. If it is the buyer, the deed is legal in the sense that it is effective to convey title, but someone might have a claim for fraud if indeed the misrepresentation results in harm to that someone.

If it was the seller, the deed may not be effective to convey title, or all of the title, because there very likely is a spousal (community property) interest that couldn't be conveyed by one spouse acting alone.

Such misrepresentations of marital status on deeds is unfortunately rather common, and in some, perhaps a majority of cases, is done to diddle someone out of a cut of the selling price or, when done by the buyer, to conceal the ownership of the property from a spouse.

I would recommend having a family law specialist research the transaction if you are an affected spouse or former spouse, or a third party acquiring or lending on the property.

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Answered on 9/15/08, 3:46 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: land purchase

It is a legal document, but it is incorrect. The former spouse might still have rights in the land. Talk to a real estate lawyer in your area.

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Answered on 9/06/08, 8:47 pm
Anna Niemann Pro-Active Mediation

Re: land purchase

Yes, the deed is "legal" although incorrect. It can be corrected by quit claim deed. In California, property acquired during marriage is presumed to be community property. You should consult with a lawyer to establish whether the spouse has ownership rights.

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Answered on 9/08/08, 1:41 pm


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