Legal Question in Real Estate Law in California

Re: Losing mom's house?

Well, there's something wrong with the facts as you give them........

Names don't just go on and off deeds, A deed is an instrument, a piece of paper naming one or more grantor(s), one or more grantee(s), describing a piece of real property, and also containing a granting ("habendum") clause. A deed conveys the title described therein from the grantor(s) to the grantee(s) upon delivery to the grantee(s). Altering the deed after delivery has no effect on title (but the alteration might make the alterer guilty of a felony such as forgery).

One further step is quite important. A deed should be recorded by or for the grantee immediately after delivery. Recording is "notice to the world" of the existence and contents of the deed, and prevents successful claims by subsequent grantees of the same grantor who think they are acquiring good title.

Further, once property is deeded by X to Y, and the deed is recorded, X cannot subsequently deed the property to Z. The only way Z can get title is from Y.

In your case, I think you must mean you were placed on title; and since it seems to have occurred in connection with your father's death, you probably acquired your interest by inheritance, or perhaps you had been a joint tenant.

In any event, the big mystery for any lawyer trying to answer your question usefully will be to figure out what transpired between mom and brother that resulted in your name being taken off something (a deed? legal title?) and his substituted for yours.

From the facts given, it's 50-50 whether you are being cheated or you have a great big misunderstanding on your hands. I would be more than happy to try to make sense of this puzzle for you, no charge, if you will e-mail me more complete details, including:

(1) How was title to the house held prior to your father's death?

(2) How did his interest pass (by will, trust, termination of a joint tenancy), and to whom? You, I suppose, but that isn't clear.

(3) Was your father's estate probated? Handled by an executor?

(4) What are the details of you brother getting his name on something instead of yours?

(5) What deeds are involved - how many, from whom to whom, dates executed, and dates when recorded?

Re: Losing mom's house?

You can sue for partition of property by sale and for an accounting. It is puzzling, however, if you are on title, how your brother could get an equity line of credit without your signature. Be sure to check title to the property to verify how the public records show ownership. Let us know if you would like us to look at your case. We have several cases like yours.